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I am a 59 year old disabled male that was diagnosed with…

I am a 59...

I am a 59 year old disabled male that was diagnosed with epilepsy in 2008. Moved in with my Mom soon after. She passed away 18 months ago. She willed her home to 5 siblings. They have filed a partition lawsuit against me to sell the home. My mom told all of us that she wanted me to live in her home. 4 additional witnesses. Home is appraised at fifty two thousand five hundred dollars. I have no place to go due to no apts available where I live.(hurricane Harvey)

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

They filed the lawsuit last week.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just if I might have a chance to continue to live in home.

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Answered in 32 minutes by:
3/13/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,611
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately, she would have had to put the directive in her will that you get to live there for however long in order for it to be considered a "life estate". If she didn't put that instruction in her will, and just left the house to everyone equally, your siblings have a right to have the house sold at public auction to the highest bidder so they can cash out their interests.

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The only way you would be able to remain in the house would be if you bought it at auction, or you bought out your siblings privately, or the new owner agreed to rent it to you..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,611
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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