Q: What are my rights for having more time in deceased parent's house?
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own half of the house is rushing me and wants to sell immediately even though I need several more months - perhaps 60-90 more days. I can't afford to buy out the other half and am afraid of being forced out and losing the remaining items in the house as well as having to pay a fortune to have a professional finish the work I've already done. What are my rights for getting this extra time. I desperately want to get out of here and hate the house and can't wait to be rid of it - so I am not interested in staying here, just completing what I have already started.
A: If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which will then be deducted from the total amount you are given. Reasonable delay is relatively easy to achieve in the legal field with the assistance of an attorney. Schedule a free consultation to make sure your rights are protected.
Terrence H Thorgaard agrees with this answer
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A: Can you confirm whether your parents have created a Will or a Trust, ensuring that everyone is aware of the distribution of assets? If they have not done so, it appears that you will have to go through the probate process. It is advisable to consult a Probate lawyer who can assist you in resolving the current issues and facilitate negotiations with other family members. Additionally, the lawyer can provide advice on any potential tax consequences. It is highly recommended that you promptly seek legal counsel.
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