What would you like to do?

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

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

What rights does an adult child have living in the home of deceased parents with no will?
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.
14 people found this useful
Thanks for the feedback!
Follow

The Japanese word 'Karai' best translates to the English phrase 'extremely severe or spicy.' Does Karai's name fit her character in the movie?

View Full Interview

How does an adult child deposit a check made out to a deceased parent into a shared checking account?

  In most countries you can not do this because it is not legal to cash a check made out to a deceased person. What needs to be done is that the executor of the deceased
What rights does a parent have over an 18-year- old child living at home in Florida?

What rights does a parent have over an 18-year- old child living at home in Florida?

Answer   Florida's legal age of majority (the age at which a person is considered an adult) is 18.   That being the case parents no longer have custodial/legal rights

Can a grandparent get coustody of their 16-year-old grandchild if the child wants to live with the grandparent and does the child have the right to move out of the parents' home?

  Answer   A 16-year-old cannot leave home without parental consent. If they do and the parents call the police (and I'm assuming they would) then the police will pi

What are the rights of a child to a deceased parents estate?

Assuming there is no Will in place which excludes the child from the parents estate, and depending on the existence of other parties with interests in the estate [i.e..brother

Parents rights over an adult child?

  In the US, parents have no rights over an adult child unless that adult child has been declared mentally incompetent by the court and the parents were appointed guardian

How can a parent remove an adult child from the home?

  You would follow eviction practices and change the locks if they do not move out willingly. A soft landing would be to help them with first and last months rent but not

What is siblings rights living in deceased parent home?

The homeÃ?s legal ownership will dictate the siblings right to  reside in the house. Most states' laws say that without a will the  estate's total value is divided equal be
Can a adult child of a deceased parent reside in their house without notifying anyone and then just continue to live there?
In Probate

Can a adult child of a deceased parent reside in their house without notifying anyone and then just continue to live there?

You need to have your parent's estate probated in order for legal title to pass to the heirs at law. You cannot insure the premises until you have legal title. If the premises
What funeral home visitation rights do the children of a deceased parent have?

What funeral home visitation rights do the children of a deceased parent have?

Provided there is no specific court or public order document prohibiting access, then equal access for all 'immediate' family members should be available. However, if the in