What are our rights as part of a beneficiary deed?

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What are our rights as part of a beneficiary deed?

My husband is listed on a beneficiary deed for his mother’s house along with 4 siblings. His mother died 15 months ago without a filed Will and no one is speaking to us. He is ready to sell the house and has made it clear to the others. Now his sister has moved her daughter and her boyfriend into the house. Do we have any recourse at all to get them out of the house? Also, are we legally able to enter the house while they live there? We have signed nothing nor have we agreed to anything. We found out by dropping in to check on the house? They have also painted hung curtains, etc. that will probably make the house less sellable.

Asked on February 6, 2012 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your husband's loss.  If the deed passed the house automatically upon the death of his Mother then there may have been no need to start a probate proceeding.  She thought of that prior to her death.  Now, all the siblings have the same rights in the property and the same responsibilities (upkeep, taxes, etc.).  Your husband needs to seek legal help in your area about how to proceed.  Maybe an action for "partition" which requests that the court divide an asset equally, but with real property the matter generally results in sale and split of proceeds.  Good luck.


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