Sibling Living In Deceased Parent’s House

In sibling conflict, the common transfer of wealth through inheritance may become troublesome if a sibling continues living in their deceased parent’s home, interfering with their inheritance rights.

Other siblings may seek legal action to protect their right to the home if no will or trust explicitly states that one sibling will inherit the home.

If you are concerned about the estate, will, or trust of a recently deceased loved one, a probate litigation attorney at a real estate group can help. A major focus of our practice is representing clients in probate and inheritance litigation involving asset transfers.

You can protect your inheritance by consulting an attorney with experience with probate law and estate litigation in California if your inheritance is at risk.

After A Parent Dies, Can A Child Live In The House They Left Behind?

Transferring real estate assets following the death of your parents can become complicated if the family members aren’t in agreement on what is best to do with the estate. Perhaps your child is keen to live in your parent’s home for free and is unwilling to leave, or maybe you and your family need to agree on what to do about selling the house.

Several factors are involved when deciding whether a child can live in their deceased parents’ house after a death. Including whether the deceased parent’s spouse is still alive. Who inherits the house, and at the discretion of the trustee or personal representative?

When your deceased parent’s spouse is still alive, there are difficult issues regarding homestead rights and community property. Most of the time, surviving spouses will have the right to remain in the house and have some ownership interest.

The children may have an equal right to use the home. However, if multiple siblings and your parent do not have a surviving spouse, they will inherit the house jointly.

When One Sibling Refuses To Sell An Inherited Property, What Happens?

Suppose one sibling lives on the property inherited from their parents. But refuses to sell it when the other siblings want it; several options are available. Those siblings with the financial means to buy out the other siblings’ interests in the property can, for example, keep the home.

If this isn’t an option, arrange alternative arrangements, such as:

• Renting,
• Renting other estate properties,
• Or arranging payment plans may be possible.

To force the home’s sale and terminate the siblings’ co-ownership, siblings can bring a partition action if they cannot reach an agreement outside of court.

Inheritance Rights of Siblings after Parents’ Death

In most cases, a named child will assume outright ownership of a property upon the death of a surviving parent when that child inherits the property in a will or trust. If one adult child’s name is part of a joint tenant in the house and dies, the surviving joint tenant will be the sole owner.

The will or trust usually transfers equal real estate ownership to each sibling if there are many children. The trust or will of a person might specify that one sibling may live in their parent’s home for some time.

A person who dies intestate or whose will or trust is invalid is called an intestate, and their estate goes through probate. Probate is the legal process by which assets from an estate pass to the heirs.

Survivors of the deceased in California inherit assets

Survivors of the deceased in California inherit assets from their estate in the order in which they were born. Children inherit assets if a deceased’s spouse is not alive. The children of a deceased person may inherit a significant asset, such as a family home, in equal shares in either of the following ways:

• From the sale of the property, split the profits
• Invest in joint ownership.
• Share ownership among siblings by allowing one or more to purchase the others’ shares.

Those siblings who can reach an agreement can make any private arrangement they desire for the disposition of their shared inheritance. With each sibling living away from home, it is often easier for the children to divide the proceeds of selling their parents’ property.

Inheriting a vacation home and drafting a shared-use contract makes joint real estate ownership more feasible. An inheritance from siblings might involve:

• Renting out a joint property,
• Dividing the proceeds,
• And managing the property.

A family member who does not want to sell the house outside the family might purchase it from others. How payments are to proceed should be outlined in a notarized sale contract.

Siblings Refusing To Sell an Inherited Property: Partition Actions

Probate Courts must follow California’s intestate succession laws when there is no will or trust to direct the disposition of a decedent’s estate. Often, real estate can pass using transfer-on-death deeds.

Siblings Refusing To Sell an Inherited Property.

We will divide the assets in the deceased parent’s estate equally among their children when they inherit their estate (if there is no living spouse). In the case of four surviving siblings, 25% of the estate goes between each sibling, which includes 25% of the home.

An inherited family home can cause disagreement among four adults, especially when there is no will.

A sibling who refuses to leave the house of their deceased parents may need you to file a probate petition and be appointed trustee of the estate by the court. You will likely gain possession and then request a court order to remove your brother from it, sell it, and split the proceeds.

An inheritance of real or personal property can be forced for sale by any co-owner of the home by bringing a partition action, which is a court-ordered division of property. When the court approves a partition action, we sell the property by a partition referee.

In addition to changing the locks of uncooperative co-owners and occupants, a partition referee has broad authority to get the house sold. According to California court rulings, co-owners do not need to consent to a partition unless there is an enforceable agreement. For example, some property titles are binding and may prevent partitions.

Trustees or beneficiaries

Trustees or beneficiaries of trusts can also sue for partition to sell real estate that belongs to a trust and the decedent’s children.

As ownership is necessary, the executor or trustee of the deceased’s estate must transfer the title to the heirs before a beneficiary can bring a partition action. Sometimes executors may slow down on a title transfer to delay a forced sale. We can file a lawsuit against the executor for neglecting their duties in such a case.

A sibling may offer to buy out their co-owners when the family property is at risk for partition or sale to a third party. The easiest and fastest way to resolve your problem is if you only want a fair share of your inheritance.

Help Filing a Partition Action in California

A partition action in California involves submitting an action in the county where the property lies. For anyone interested in the property to respond, the County Recorder’s Office sends a notice of pending action once we have filed the complaint.

If the judge upholds the partition request, they appoint a partition referee to divide or sell the property.

Partition Actions Relating To Inherited Property May Be Stopped

It would require some form of contract to waive the petitioner’s rights to the property. The property has more equity than the petitioners due to the following:

• Repairs,
• Improvements,
• Taxes,
• Mortgage payments,
• And insurance.

An estate litigation attorney in California can help you explore your options for settling the dispute or navigating the legal process when siblings disagree about dividing the inherited real estate.

You can contact our lawyers to assess your claim and discuss the appropriate steps after reviewing the following:

• Your parents will,
• Trust, deed,
• And other evidence.

It can be time-consuming to pursue a partition action. But sometimes, a legal claim is your best option for protecting your inheritance and standing up for your rights.

Remove Siblings From Your Deceased Parents’ Home.

A sibling can evict from the house of your deceased parents.

A sibling can evict from the house of your deceased parents by starting the eviction process. First, you need to hire an attorney and have them prepare an eviction notice. The eviction notice specifies the period the sibling has to vacate the property.

A petition for unlawful detainer may be filed if the sibling has not moved out by the end of the eviction period.

Many complex factors go into evicting a sibling. Sometimes, the court upholds the eviction, while at other times; they encourage the siblings to find a more convenient solution. Such as setting up a rent payment plan or giving the sibling more time to leave home. Although eviction can be helpful, there are other options as well.

When filing an 850 petition

Suppose a sibling refuses to vacate a property titled in a trust. In that case, the trustee may file a California probate petition to enforce their rights.

People who hold trust property (in this case, real estate) and refuse to return it can file an 850 petition. When a trustee files an 850 petition, they bring legal action to return trust property to the trust and distribute it by the trust’s distribution plan.

You can discuss this option with your trust administration attorney and seek legal advice. If an 850 petition seems the best option in the circumstances, your attorney can assist you with preparing and filing the petition.

Need a Probate Litigation Lawyer.

When you realize that you cannot reach an agreement without the help of a probate litigation lawyer, you should contact one as soon as possible. An attorney with experience can help you negotiate with your sibling so that a partition action will not result in the sale of the house.

This information may persuade your sibling to compromise if they need to understand that co-owners of property have an absolute right to partition. Your lawyer can, however, file a partition action if you cannot reach an agreement to force the property to be divided or sold on your behalf.