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Read moreMay the Siblings of the Child Who Cared for Dad Kick Him Out of the House After Dad's Death?
- July 24th, 2015
Q
My brother was my father's primary caretaker for more than five years. Dad passed away and some siblings want to sell the home and divide the proceeds equally among the children. Does my brother, who cared for my dad, have any rights to stay in the house or will he be “kicked to the curb,” so to speak?
A
It depends on how the house is owned. If your brother owns the house, then he has the right to continue to live there. If the property is owned jointly, then any one of the owners can petition the court for partition. In a partition, the court can order the sale of the property and the proceeds are divided among the owners. Because the property is all owned equally, unless other provisions were made, no one has the right to stay in the house if a partition is approved. The court may give one owner the chance to buy out the other owners, but if an agreement can’t be reached, the house will be sold. A partition lawsuit can be expensive for everyone, so it is usually better to try to come to an agreement before going to court. For more information on joint tenancy click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Jean Ball
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Jean Ball
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Meet Daniel Steven
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Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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