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What rights does an adult child have living in the home of deceased parents with no will?

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Anyone living in such a home has only the rights granted by the heirs who acquire the home under the local statutes of intestacy. If they want you evicted immediately, they can obtain a court order to do that. If they want to charge you rent, or long-term lease, they can do that. If they want to give you the right to stay there for "free" for the rest of your life, they can do that.

Your only "rights" would be those provided in state law for any other "tenant at will", such as 30-day notice to get out.




 Another Perspective/ClarificationIf the last parent died intestate their property will pass to their heirs at law according to the state laws of intestacy. If there is more than one child, all will inherit an equal share of the property as tenants in common. In either case the estate must be probated in order for title to lass legally to the heirs. Any estate that contains real estate must be probated in order to establish title and the estate should be probated immediately.


All the heirs at law have an undivided share in the property so each has the right to the use and possession of the whole property. However, once an administer for the estate is appointed they will have authority over the assets and responsibility to settle the estate. Arrangements could be made for the child who resided with the parent to continue living there, however, the family must come to an agreement and the child will need to pay their own expenses.


You need to probate the estate and consult with an attorney who can review your situation and explain your options.
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