Q: With a ladybird deed and 4 children’s name on deed, how is estate settled?
One child and spouse moved in home and continued making loan payments. It is now 12 years later and he feels the house is his alone. Do the other 3 siblings have any claim on home and land?
A: If there is a recorded lady bird deed, then all four of you now have ownership interest. The way to "settle" this is to file a copy of the death certificate, along with a new deed listing you all as owners. While that would settle the legal question of ownership, it doesn't sound like it will settle the issue among your siblings. Making loan payments does not give your brother more ownership interest; unless the deed says otherwise, all four of you own the property as joint tenants - meaning equally and together. If and when you all decide to sell - or agree to transfer ownership entirely to one sibling - the loan payments could factor into a distribution of proceeds: your brother may be entitled to recoup the payments he's made, but arguably that would be offset by the market rate rent.
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