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Can I Receive Assets Under a Will Before the Testator Dies?

Can I Receive Assets Under a Will Before the Testator Dies?

Q: What happens if one sibling wants to sell and the other doesn't?

If one sibling wants to sell inherited property and the other does not, they may need to negotiate a solution. The sibling who wants to sell can propose buying out the other sibling's share or they can seek a court order to force the sale. In some cases, mediation may help resolve the disagreement without going to court.

Q: How is inherited property split between siblings?

Inherited property is typically split according to the terms of the will. If there is no will, state intestacy laws will determine how the property is divided. Siblings may share equal portions unless otherwise specified. If disagreements arise, the matter may need to be resolved through negotiation or legal proceedings.

Full question:

My brother owns mother's house. She only has living rights, but she pays all taxes and homeowners insurance. She has in will to leave all her other possesions to me and my sister upon her death. Can he go in house and change locks and not let us have our possesions?

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: North Carolina

Answer:

When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. Until the will is probated, the heirs generally don't have a right to receive the assets designated in the will to be left to them.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when a sibling is living in a deceased parent's house?

When a sibling is living in a deceased parent's house, they may have the right to continue living there until the estate is settled. However, they do not have ownership rights unless specified in the will. The estate must go through probate, and the assets, including the house, will be distributed according to the will or state law. Until the probate process is complete, other siblings may not be able to claim their inheritance.

How do I protect my inheritance from my siblings?

To protect your inheritance, ensure that the will is clear and legally valid. You may consider discussing your concerns with an attorney who specializes in estate planning. If disputes arise, mediation or legal action may be necessary to enforce your rights. Keeping communication open with your siblings can also help prevent misunderstandings about the distribution of assets.

What happens if one sibling wants to sell and the other doesn't?

What happens when one sibling is living in an inherited property?

When one sibling is living in an inherited property, they may have the right to occupy it until the estate is settled. However, they do not have exclusive rights to the property unless agreed upon by all heirs. Other siblings may have the right to access the property or may seek to sell it, depending on the terms of the will and state laws.

How do I buy siblings out of inherited property?

To buy siblings out of inherited property, you should first agree on a fair market value for the property. Once a price is established, you can arrange financing to purchase their shares. It’s advisable to have a written agreement and possibly involve a real estate attorney to ensure the transaction is legally binding and properly documented.