Mechanicsburg, PA asked in Real Estate Law, Elder Law and Estate Planning for Pennsylvania

Q: I live with my mother in her home and I am her full time (unpaid) caregiver. May I live in her home after her death?

Have lived/ cared for nearly 5 years. Her Will states that my brother and I inherit the house 50/50. Upon her death, he wants to sell it and split the money. Will I have any legal grounds to continue to live there as 1/2 of home owner or can he force me to sell right away?

1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: The Will would have to be examined by a lawyer. If your mother truly left the house to the two of you, your brother could bring an action for partition to force a sale. Under any circumstances, you would be obligated to pay fair rental during the time you remain in the house. If your description is incorrect and your mother actually left her entire estate to the two of you, and the house is simply part of the residuary estate, it is up to the Executor to decide what happens to the house. If you and your brother are the Executors, and there is a deadlock, the matter will end up in court for a judge to decide what happens to the house.

You do not, however, have any greater right to determine what happens because you happen to be living in the house at the present time.

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