Who will get the house?

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Who will get the house?

My mom and I have been living with my grandma for 17 years helping to take care of her. My grandma recently died and my aunt is trying to take the house away. My mom is the beneficiary of owner survivorship, but my aunt is the executor of the Will. I’m scared we will be homeless within the next year.

Asked on March 4, 2018 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is an "executor of the will," then there must be a will. If there is, the house goes to whichever person or persons the will leaves it. Being exector does by itself give the house to your aunt; an executor manages the estate for the benefit of those who inherit under or according to the will. Being a child of the deceased does not give you a right to property when there is a will--the will can override the parent-child relationship in this regard. And living in the property has no bearing whatsoever on inheritance. It all comes down to who gets the property under the terms of the will.


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