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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102350
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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From. My father is under Hospice. He has no will. My mother

Customer Question

Hi my name is Patricia ****** from Virginia. My father is under Hospice. He has no will. My mother died 5 yrs ago. I am on disablity for several reasons, even though I tried could not help out with my mom the way I wanted to. I am living at home now est. 2 yrs my sisters are on the deed to our family home because I could not move in before this also I have been helping out with my dad. Also because I am on disablity my father was afraid to put me on the lease. My sisters are grudges against me on several occasions they have told me they would put me out on the streets. Also threaten to sale the house and not divide money among the 3 of us, leaving me out in the streets, limited income.i would like to know what my rights are in this situation.

Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is your name on the deed to the home?

Is your father's name on the deed to the home?

Did your father and mother purchase the home together?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
My name is ***** ***** the deed to the house due to my father was scare I would loose my disablity
My father name is ***** ***** deed also his name only is on the house loan.the money my father use to purchase home in both of mom and dad's money
Customer: replied 9 months ago.
Did I answer the question you needed? Also how long can I expect a phone call back?
Expert:  Ely replied 9 months ago.
Thank you. Did your father and mother purchase the home together?
Did you request a call? The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. You can request a call by selecting this option from your screen.
Customer: replied 9 months ago.
Do online response
Expert:  Ely replied 9 months ago.
Okay. I am still needing some information you did not provide, but that is okay.
If there is no Will, then the property is divided by what is known as default succession laws. See here:
Now, if your siblings on on the deed, and your father is too, and he passes away, then HIS SHARE of the property will be SLIT BETWEEN ALL SIBLINGS equally.
Since your siblings already hold some interest, and they will get a share of your father's interest, their interest will be greater than yours. However, someone in your situation DOES stand to inherit an interest in the property. So this will make you co-tenants with your siblings, although your siblings will have a bigger interest in the property than you.
By common law, EACH tenant in any real property is entitled to possess and enjoy the entire property in such a case, meaning that they cannot kick you out.
However, if they wish to sell it, they can file in Court to partition the property, meaning asking that the Court either (1) order them to buy you out at a fair price, or, (2) order the home sold and proceeds split according to the interest each tenant holds.
So while they may not simply kick you out, there is a risk of partition if they want to try to sell the home later.
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