I have been living in my brothers R.V. that he gave me permission to live in and put in my possession 3 months prior to his death.I have been living in it and paying rent to the R.V. park for 6 weeks.His only daughter came down from Connecticut and told me that I had to get out of it because she says it now belongs to her.My brother did not have a will.
If your brother died without a will, the rights of family members to inherit his property will depend on the laws of intestate succession in the state where he was residing when he died. However, in most, if not all states, the rights of direct descendants (i.e., children) are superior to the rights of siblings. So your niece in all likelihood inherits the R.V. and unless you can reach an agreement to lease it from her, then you will have to leave. Sorry.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
Unless your brother actually signed the title over to you, it is your brother's and his heirs have the right to ask you to move. Now might be a good time to try and buy the RV from the daughter. RVs are usually more trouble then they are worth in an estate. Look up the going rate for the RV you are in, tell the daughter you will pay her $X per month to buy it from the estate. A smart administrator will work a deal with you. Trying to maintain an RV in GA when you live in CT is going to be very difficult. Retagging it in CT will be expensive..
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