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What rights does an adult child have living in the home of deceased parents with no will?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
Wiki User
∙ 16y agohello it must go through probate and they court makes sure all debts and stuff like that are satisfied and then orders the remaining assets divided usually
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A mother with deceased daughter with living children have first burial rights over living children?
That is a really tricky one...I hate to say it, but I think the living children have first burial rights IF they are adult age (18+)...because the way i think of it, when your daughter became an adult, you ceased being her guardian...you may wanna ask a lawyer though
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 guardians as a result of that.
Are the parents of a deceased adult child with no estate responsible for paying unpaid debt?
No, if they were not joint debtor's with the deceased they are not responsible for any of his or her debts.
Is a 16 year old with twins living with guardians considered an adult and the parents have no rights?
A 16 year old is not an adult, regardless of how many children she has. Guardians have been appointed? Sounds like the court has taken away parental rights.
Do adult children of deceased have more rights than step parent spouse?
because they just do
Do adult children of deceased have more rights than step-parent spouse?
because they just do
What rights do adult children have to a parents estate if they are estranged from their parents?
That depends on the State the will is probated in. For instance, in New Jersey, an adult child has no rights to a parents estate if he was not mentioned in the will. The parent has the right to give his possessions to a charity if he wishes to do so.
Does an adult child have legal rights to a deceased father's estate if he died with a will and everything goes to the surviving stepparent in TX?
No.
What are the rights of an adult child to the parents home that the adult child lived in with parents whos parents both deceased and there was no will?
The estate of the last surviving parent must be probated in order for title to the real estate to pass to the heirs at law. If your parent died intestate (without a will) then their estate will pass according to the laws of intestacy to all their heirs at law in equal shares. You need to contact an attorney.
How many adult son and daughters live with their parents?
There are over 5 million adult sons and daughters living with their parents in Kenya alone.
Can a deceased step-parent adopt a living adult step-son?
No you can not adopt when dead. Can't believe you are asking this.
If you are in the UK and a Married minor what rights do your parents have?
They still have full rights over you until you're legally an adult.
