Who will get the house?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption