What are my rights regarding legal ownership of real estate after my parents’ passing?
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What are my rights regarding legal ownership of real estate after my parents’ passing?
My parents owned a house and I had a manipulating sibling. Many years have
passed and I let things go thinking they left her the house. After the Will it
never said my sibling could have the house; on the deed to the house it only said she could live their as long as she lived. I assumed it was left to her but someone said to me, it only says
Asked on July 26, 2018 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You need to bring the will and deed to lawyer to review EXACTLY what it says, because wills are enforced according to their plain language. Without seeing the will, no attorney, including us, can give you a definitive answer. That said, a reasonable interpretation based on what you write, is that she has a life estate but both of you have a remainder interest--that is, she, and *not* you, has the right to reside there for her whole life or until she voluntarily moves out, but that after she moves out, you both inherit the house (that is, you and she both have an ownership interest and could, for example, profit by selling it), or after she dies, you and her other heirs, if any (e.g. any children) will inherit. But that is only an educated guess at what your parents did--again, you need the will (and deed) to be reviewed by a lawyer.
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