Q: My mother was killed in a automobile accident on June 3,2020 and at the time of her passing she did not leave a will.
She owns a home (4918 Okeefe St Bossier City, La) which my girlfriend and I were currently living in at the time of my mother passing. I am the oldest child of two from my mother and father (mom and dad have been divorced for years now). My mother does own the home but has a mortgage due to refinancing several years ago. 2 days after my mom passed my sister came in and told me I either had to sell the house (split proceeds) or allow my niece (her oldest) to move in. Me being the nice person that I am allowed my niece to move in, however, both my sister and my niece kicked me and my girlfriend out on the street (now we are both homeless) and they are refusing to tell the mortgage company my mother passed. On top of everything, her life insurance company isn’t wanting to pay for the funeral so I told my sister the house needs to be sold so the funeral company can be paid and we can split the rest.
What are my options?
A: While your sister has a right of use to the house, she cannot kick you out to gain it. You have equal rights to use of the home. You can sue your sister for wrongful eviction and to be restored to use of the home. If you no longer wish to be a co-owner of the property with your sister and she refuses to agree to sell the home, you can file to partition the property.
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