My mother died was buried on Fathers day my niece has been living in her house with mother and my stepfather for about 25 years they both are pass but my Oldest Sibling brother has sent a appraiser to appraise the house their is no one of my brother or sisters has Power of attorney control over the estate we all have each a share of house and the property's. My Oldest sibling brother want to buy the house but i have no problem for my sister and niece living in the house. I really don't want to just toss them out they can live in it as long as they want i already told my family if its family i will not sign the papers to sale as long as they have family in the house living in it . what about the squatter law would that help them in any kind of way
If you look up the ownership of the house, you will see that it is still owned by the deceased, either your mother or stepfather. A probate proceeding will be needed to change the ownership of the house. To have someone removed from the property, or to excerpt control over the decisions, ownership must be proven and stating you are the kids or showing a will does not do this for you. One of the beneficiaries must file the probate proceeding. There are different types of probate that must be administered. depending on the total assets and whether homestead exemption was filed by them. You need to contact a probate attorney that can get everything completed to transfer the ownership of the house. If no on has, or wants to spend the money, yet one of you wants to buy the house, I will often pay for my services out of the closing to purchase the house from the other owners. You will need to discuss this with the attorney you hire to represent you in this matter.
As Mr Rockwell explained you need to hire a Probate Attorney to assist you. Hire one as soon as possible. Like him many attorneys will await being paid until there are cash assets in the estate
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
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