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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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my rights

Customer Question

my mother passed away, leaving the house in the childrens name,I was living in the house at the time.My son wants to buy the house, my sibblings want seventy thousand for the house, but will accept sixty thousand if I but a trailor home on the property in back of the house. I don't want a trailor, I want a room built of to the house with my oun entrance, that way I would have two rooms and a bath just for me and acccess to the whole house,this way I would feel safer and I wouldn;t have upkeep on anything, just security.I need to know what my rights are
Submitted: 11 years ago.
Category: Legal
Expert:  Steve -- a.k.a. Oreport replied 11 years ago.
Assuming that your Mother's Will is legal and valid -- meaning that
your Mother was legally competent at the time and that the Will was
properly drawn up, executed and witnessed, under the laws of your State
-- (assuming of course that you were incuded in the will as a co-owner
of the house along with your other siblings) your rights to the house
are exactly the same as the rights of your siblings... no more and no
less.



This means that your siblings can ask any price they want for their
shares of the house -- and, they can put any conditions on the sale
that they wish to abd sell it to anyone they want -- but all the
siblings (including you) must agree on the terms and conditions of the
sale.  However, your son (or any other buyer) to buy the house.



Your siblings, likewise, are not obligated to sell their shares -- to you, your son -- or anyone else.


Since the house is now under shared ownership, you, and each of your
siblings, has an equal say in what happens to the house -- as long as
each of you remains an owner.



Your being a part owner of the house does not give either you or your
son any right to modify (or even live in) the house without the consent
of the other owners
-- your siblings.



On the other hand, none of your siblings (whether singly, or as a
group) have the right to sell -- or make any modifications to -- the
house without your permission, and that of the other siblings.



So, the botXXXXX XXXXXne is -- if you want the house (and don't want to put
a trailer on the property) pay your siblings the $70,000 -- or
negotiate some other (mutually acceptable) deal with them.



Remember, if you buy the house, one share of the money goes to you.


The other alternative (if the house is not sold, but you want to
continue to live there) would be for you to work out a rental
arrangement with your siblings -- along with negotiating any desired
modifications to the house.



Good Luck!



Steve


 
 
 
 
 
 




















Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I'm familiar to a degree concerning real estate law, perhaps I can assist you.


It appears that your siblings are making unusual/unreasonable demands. However, I'm somewhat puzzled - I am not certain as to what the conditions are of the Will.


Were you named in the Will - or just your siblings?


Does your son wish for you to live in the house once sold?


If your son wishes to buy the house and your siblings are asking a certain amount - why are your siblings requesting these conditions from you and/or from your son - did it so state in the Will?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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