Parent dies without Will

Parent dies without Will

My parents recently passed away without a will. I was living with them before their deaths,and am still there now. My sibling wants to put their house in her name, and leave me without a home. She believes that because it was said that the property would be hers if my parents passed away; she has all rights to it. I too was told that it was mine when they passed. Since there is no will; and neither of us wants to loose the property. I need to know what rights, if any, I have to prevent her from making me leave and prevent the state from taking it as well.


If there is no will then your state intestacy laws will determine the outcome. Likely, if under state law you and your sister are the closest and only surviving children or heirs, you'll split the value. From the limited facts given it doesn't sound like the oral promise to your parents will be effective (but that doesn't mean your sister won't continue to advocate for that). That may be less of a blessing for you then it seems in that if you own the house jointly either you sell it and split the proceeds, or you may have to rent 1/2 from her to stay. You need to consult with a probate attorney in your state and have an administration (intestacy proceeding) begun. If you both hire a probate attorney (or you may need separate attorneys if it is adversarial) you individually might wish to consult with your attorney to see if you have any claims on the house/estate for work or expenses you incurred while your parents were alive.

Our Consumer Webcasts and Blogs

Subscribe to our email list to receive information on consumer webcasts and blogs, for practical legal information in simple English, delivered to your inbox. For more professional driven information, please visit Shenkman Law to subscribe.

Ad Space