Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

A: If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction pursuant to a foreclosure action? Has the Will been probated?

A: When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises until it is sold or transferred to the designated beneficiaries. When a landlord evicts a tenant who has left personal belongings on the premises after physically vacating it, the landlord must provide notice to retrieve the belongings while keeping them in proper storage during the notice period. During the notice period, the landlord would be responsible for damage to the stored belongings if found negligent. You mention you were or are to inherit 1/4 of the property. This lead me to believe there have been estate proceedings addressing the real property leading to the eviction proceeding.

A: I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.

Ownership & Access Rights

Since you are still a 1/4 owner of the property under the will, your rights could depend on whether the estate has been fully settled and whether title has been legally transferred to the heirs. If the house was still part of the estate at the time of the incident, the estate might be responsible for the property’s maintenance, including damage from a burst pipe. If ownership had been fully transferred to your siblings (or another entity), their obligations could vary based on what agreements were in place.

Potential Responsibility for Replacing Your Belongings

Several factors could determine who, if anyone, is liable for the loss of your personal belongings:

Homeowner’s Insurance:

If there was an active insurance policy on the home at the time, it could provide coverage for water damage, including damage to personal property inside. However, policies often cover only the policyholder's belongings, so it’s unclear whether your items would be included.

Estate or Property Owners:

If your siblings (or the estate) were responsible for maintaining the property and failed to take reasonable steps to prevent the damage (e.g., winterizing the pipes), there could be an argument that they bear some responsibility.

Legal Status of Your Occupancy:

Since you were evicted, they might argue that you no longer had legal access to the home. However, if you still had a legal ownership interest, your right to be there could be a point of legal debate. I find this aspect of your case very interesting - and it would require a deeper investigation of facts.

What You Might Consider Doing

Check if the property had insurance at the time of the flood. If so, a claim could be possible.

Review any legal documents related to the eviction and property ownership.

Consider speaking with a lawyer to determine whether the estate, co-owners, or an insurer could have liability for your losses.