What are our rights as part of a beneficiary deed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.