If one of my sisters moves Into my mother’s house to take care of her, will she be able to claim residency and interfere with the sale of the home after my mother’s death?

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If one of my sisters moves Into my mother’s house to take care of her, will she be able to claim residency and interfere with the sale of the home after my mother’s death?

My mother’s house is in her three daughters names.

Asked on April 23, 2013 under Estate Planning, Delaware

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

If one of your sisters moves into the house, prior to or during the probate of the estate, the estate is entitled to reasonable rental value for her occupancy. Upon or near the close of the estate, the estate can force an auction of the property for the proceeds to be divided between the heirs and the new owner is entitled to possession and have her removed from the propertyat time of taking possession. So no your sister cannot claim occupancy just because she moves in to take care of mother.


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