Q: My mother is on the deed to our house along with my husband. If my mother passes can my sister who has nothing to do
With my mother, can my sister come after our house or can she make us pay her for my mothers half of the house?
A:
That depends on what you mean by "is on the deed to our house along with my husband." It may also depend on whether your mother has a Will or dies intestate. You need to read the Deed carefully and determine whether your husband and mother hold as tenants in common or joint tenants with rights of survivorship. It seems unusual, but you might ask whether you are also on the Deed and whether your and your husband's interest is held as tenants by the entireties. All of this can easily be read from the Deed, although a title search is often money well spent in situations like this. If your husband's interest is "in common," you should next look for a Will. If there is none, your sister may have a claim when your mother passes. How much that claim involves, again, depends on what title she holds.
Since your mother is alive and you imply that your sister has no moral right to claim the house, why not straighten it out now. It will be significantly cheaper than fixing it after she passes.
By the way, this has nothing to do with Family Law. It is Real Estate Law and Wills & Estate Planning Law.
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