Q: What happens to an estate/house when a mother passes away and does not leave a will?
There are 3 adult children involved and one of whom has lived in the house in question for 15+ years. In addition, the house is not in probate. Also, can one of the other children that does not actually live in the house take and sell things from the home even when those items do not belong to the deceased mother?
A: First, unless they want to create a mess that will be more expensive to fix in the future, one of the natural heirs opens the probate. If the house doesn’t need to be sold to cover debts or to make a fair distribution, title moves to the intestate heirs recorded as an entry in the probate rolls. So, if the three heirs are not sufficiently unhappy about it, the adult child continues to live there rent free, all have equal rights to occupy the whole, and each is equally liable for contribution for expenses, maintenance, and taxes. This is almost always a terrible result, so they buy each other out or petition the court to sell. Personal property in the house is taken and divided or sold by the Administrator, if it was Mom’s, or is returned to the owner. I make much more money straightening out titles that are ignored this way, and I make much less money advising on a simple probate. The heir who wants the house sold should get a lawyer.
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