Elder Law Answers
Medicare Coverage While Traveling Within the U.S.
Although Medicare coverage is generally not available when beneficiaries are overseas, what about covera...
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
(703) *** ****
Learn more
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...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Jean Ball.
Meet Evan Farr
(703) *** ****
Learn more
Evan Farr
The Law Firm of Evan H. Farr, P.C.
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Evan Farr.
Meet Margaret O'Reilly
(703) *** ****
Learn more
Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Margaret O'Reilly.
