Q: Do sibling's heirs have rights to my parents' home if they're tenants in common?
Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a non-notarized real estate assumption agreement, and my mother signed a notarized purchase agreement before she passed. They were tenants in common. My only sibling, who died in 2020, had a spouse and a child from another relationship. They're unaware of any potential interests. There's no ongoing probate process, and my sibling didn't have an estate or property. I'm trying to determine if my sibling's spouse or child needs to be involved in probate or has rights to the home. Also, how do my mortgage payments and home improvements of $10,000 affect my rights? What should I do next legally?
A: You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a claim for any expenses you incurred maintaining the property or mortgage. Schedule a free consultation to protect your interest in the estate.
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