legal right of heir
I am one of five heirs to a home on 5 acres and I want to live there and not sell. I would buy out others but I am a single mother on SSI, AFDC and childsupport and do not qulify for loans. I used to live there and when my sister became executor she made me move to sell. Sale did not go through and I cant afford my so called affordable apartment. Can I move back and live there? Selling it would cause me finacial hardship by loss of benifits unless I spend it in 30 days and I originally lived ther in a mobile home on a temporary hardship for me as a displaced family member. I want to go home! What can I do?
Re: legal right of heir
If you are currently on title as a result of a completed probate, yes, you are entitled to move in and live there. If the title still stands in the name of your mother or her trust, no, you can’t.
Your right to be in possession of the house is shared with all other co-owners. You, and each of the others, are in a kind of involuntary roommate situation. If any other owner wants to live there with you, they can.
Again assuming you are indeed a co-owner as a result of a completed inheritance, neither your co-owners nor the executor can force you to sell; they would have to file and complete a partition lawsuit to accomplish that.
Also, don’t cause a ruckus while enforcing your right to live in the house; the right of possession does not give you police authority to toss out someone else.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318