Follow
Share

I have lived with my mother since 1979. i took care of my father until he passed 3 years ago. now, my mother is also gone. i have 3 siblings that i believe are taking control of the estate. my sister is the poa (guardian). the property is paid off, and i may want to stay where i have always stayed. what are my rights and what legal documents do i need to make this happen quickly? please help. i live in minnesota, im unfamiliar with any laws or statutes.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
PoA and guardianship end the moment a person dies. What you need to know is who is the executor of the will, if your parent left a will at all. There is what's called a probate process for whatever assets are left remaining that were owned by the deceased. If your current residence is in your mother's house you will need to find out what the legal process is for you to stay in the house into the future. If there was no will created to legally direct who gets what assets, I think it goes to the blood offspring first (equally) but I'm not positive of this. Still has to go through probate. You may want to contact an estate planning attorney to get accurate information and know what your housing rights are.

If it turns out that the house goes equally to you and your siblings, there will need to be an agreement among you as to selling or keeping the house and whether you will need to pay rent, etc. If your mother had other assets besides the house (other property, investments, car, etc) probate may take longer. Again, a consultation with an attorney will help give you an accurate understanding and context for the timeline. Others on this forum will probably provide info for you but you need to understand we are not lawyers and live all over the US, and globe, and laws differ all over so you should NOT depend on the info given out here. Pay the money and consult with an attorney if time is of the essence for you.
Helpful Answer (3)
Report

Your mother’s will determines
who gets property. If there is no will the state has a formula for inheritance. Taking care of a parent or having lived in a house does not give you “rights” to the property. There are no legal documents to make this happen.
Helpful Answer (1)
Report

As always, if you want legal advice you can rely on, consult an appropriate attorney.

If you hope to inherit the entire property, you need your mother’s will, trust, or transfer on death paperwork designating you as the sole heir or beneficiary of the property.

If no will or other estate planning was done, then your mother’s assets pass by your state’s intestate succession, most likely in equal shares to all of her children. If the value of the house is most or all of the value of the estate, you’ll need to figure out how to deal with your co-owners.

Ideally, you would qualify for a mortgage and buy out their shares.

If you can’t afford the mortgage, ongoing taxes, insurance, and maintenance on your own, it is probably best that the home be sold. Renting from multiple sibling/landlords can be very messy, especially when something like a new roof or furnace is eventually needed.

If your Mother was on Medicaid and you are hoping to avoid a lien on the property because you were her caregiver, that might be a good discussion point to raise with your siblings once you understand it well enough to explain it to them. Your local library probably has a NOLO Press book than can help.

Most likely, your mother would have wanted you to be as kind to each other as possible. If she meant to leave you the property but didn’t follow through, try to forgive her and don’t allow a war to break out between you and your siblings.
Helpful Answer (2)
Report

It's too late for the creation of any legal documents. Your rights to your mom's property are defined in her will. Having POA or guardianship over your mom has no bearing on how her assets will be distributed, the legal authority of those documents ended at your mom's death. If she has no will, the courts will decide how the assets are to be distributed.
Helpful Answer (1)
Report

As said the POA or guardianship stops at time of death. If there is a Will the Executor takes over. The Executor is responsible for carrying out the wishes of your Mom. No Will, then someone needs to become Administrator of the estate. They have the same responsibilities as an Executor does only the State determines who inherits. In your case, that would be you and your siblings.

Probate can take a while. In my State, you can't close Probate for 8 months. You remaining in the house is up to how the Will reads. If Mom put it in trust.

A consultation with a lawyer should help you understand ur rights.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter