Asked in Probate for Washington

Q: can my siblings make me move after my moms death if I'm living in her house but have been helping take care of her .

I also have been remodeling/fixing up her house and have spent over $20,000 doing so am I entitled to any compensation for monies I have spent ?

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1 Lawyer Answer

A: For the repair and remodeling work and materials you are probably entitled to be reimbursed by the estate. (You'll need your receipts). For taking care of your mom while living in the house, probably not unless her care was especially time consuming and demanding. The normal presumption is that the heir living in the house and taking care of mom received equivalent value in lodging and food and other compensations to make up for the care given. So the courts usually won't allow that to be "reimbursed" absent a showing of extraordinary care.

If you are one of your mom's heirs at law (i.e. that you are either her natural child or were adopted as a minor) or a devisee under her valid will, then you are probably entitled to receive some share of the house and her other property. But you also may have to share those things with your mom's other heirs or devisees. If the new co co-owners of the house (the heirs/devisees) can't agree on how everyone gets equivalent value from the estate, they may seek to force a partition -- a sale of the house in order to evenly split the proceeds. You should consult a local probate attorney. Good luck.

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