Q: My sister resides at my parents home. Upon their death they are giving the house to me.
Does she have any right to the home upon death. She does not pay rent, my husband and I will be moving into the home after that. Parents are still alive.
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A:
In California, the rights to a home after your parents' death will depend on the specific terms of their estate planning documents, such as their will or trust. If they have legally specified that the home will be transferred to you, then you would have the legal right to the property. Your sister would not have any automatic right to the home, especially if she is not named in the will or trust as a beneficiary of the property.
However, if your sister has been living in the home for an extended period, she might claim a right to remain there temporarily. This could complicate the process, especially if there is no written agreement about her tenancy. In such cases, an eviction process may be required to remove her from the home if she does not agree to leave voluntarily.
It's important to ensure that your parents’ estate planning is clear and legally binding to avoid future disputes. Consider discussing the situation with them to confirm their wishes and ensure everything is properly documented.
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