Q: Parents died the contents of the home to the estate and the house to my brother can he move in prior to the estate sale?
Brother wants to move into parents house before the estate sale happens. Is that allowed?
A:
It depends how title is being transferred...i.e. trust, transfer on death, or will. Generally, title to real estate vests in the heir upon the moment of death. If the will says that your brother gets the house, or if your brother is a beneficiary under a transfer on death instrument, then he may indeed be able to move in immediately. If a trust says that your brother gets the house immediately, then he does indeed have a right to move in.
If the estate is insolvent, then it gets more complicated. If there's no will, trust, or TOD instrument, then I suggest talking to an attorney.
Andrew Popp agrees with this answer
A: I agree with Mr. Epling. In short, it sounds like you probably need to speak with an attorney. There may be other factors in play such as payments of outstanding debts, taxes, challenges to the disposition of the real estate, or Medicaid asset recovery if either of your parents received Medicaid benefits.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
