Q: My mother passed away in 2008 her daughter lives in are mom house does she still owe me for my half we in kentucky
A: It is not possible to correctly answer your question without a lot more information, but it sounds like you and your sister inherited a house together. It also sounds like your sister is living in it and you are not. You have the right to live in it as well. You also have the right to sell your share, but very few buyers would be interested in purchasing a half interest to be shared with a stranger, so that is usually not viable except for a sale to your sister. Your sister, however, probably is not particularly motivated to sell. The only way to get her motivated would be to point out to her that you also have the right to file a court action called "partition" in which the court orders the sale of the house because it is not possible to physically divide it in half so you can have your share. The court costs and attorneys fees get deducted from the sale price and then the net proceeds are shared equally. Also, a court-ordered sale usually fetches a lower price. So it is in her best interest to either cooperate with you in the sale of the house in order the maximize the net proceeds to you both or to purchase your half interest for a fair price without having to also pay attorneys and court costs.
A: It depends if your mother had a will or not and also how the house was titled at the time of her death.
Was her estate ever probated?
Also, the house could've been titled in joint names with someone else at the time of her death.
If you are a beneficiary under her estate either by way of intestate succession (without a will)
or pursuant to the will you would be entitled to the house.
So basically it's going to depend on what her estate planning documents worth any, regardless of where she or you lived.
Depending on how you inherited the house your sister would owe you or you could move to have it sold so as to receive your proceeds. I think the case really stands on how the house was transferred at the time of your mother's death. So more information would be needed.
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