CJhasquestions
Junior Member
What is the name of your state (only U.S. law)? WA
Not sure if this would be better answered in the real estate section, but here goes...kind of involved...my mother owned a small piece of property and an old mobile home when she died in 1998. Her common-law husband (they never got married, but they lived together for 12+ years, and he definitely contributed to her financial support) continued to live in the property.
Because (sigh) there was no will, I understand that currently no one owns the property (rather, she owns the property, but she's dead).
I am one of seven children, ranging in age from 52 to 29. At the time of her death, we consulted a lawyer, who told us that we would have to go to court to have legal access to the property. The lawyer seemed to think that step-dad would have some legal standing, even though they were never married. (At least, that is what I think the lawyer said). At the time, we didn't see the need, as Step-dad continued to live there, and we knew that is what she wanted. He's lived there since, and has paid the property taxes, and has done as much improvements to the 30+year old mobile home as he can.
However, now he has remarried, and the trailer is no longer livable. They'd like to buy a new modular home and place it on the property, but they can't because they don't own it.
So, my questions are - what do we do? Do all 7 of us have to agree, or can a majority decide what to do? (We are not necessarily all friendly) What exactly is the process of moving a property into probate? Does stepdad have some/any legal status? Does he have to "buy" the property from us, as he's been living there for 20+ years now?
For whatever this is worth - the four older siblings were raised by their father (very long, complicated story) and were not involved in mom or stepdad's life until the last few years of her life. The younger 3 (of which I am the oldest) grew up living in that house.
Any advice would be greatly appreciated. Thank you for your time. CJ
Not sure if this would be better answered in the real estate section, but here goes...kind of involved...my mother owned a small piece of property and an old mobile home when she died in 1998. Her common-law husband (they never got married, but they lived together for 12+ years, and he definitely contributed to her financial support) continued to live in the property.
Because (sigh) there was no will, I understand that currently no one owns the property (rather, she owns the property, but she's dead).
I am one of seven children, ranging in age from 52 to 29. At the time of her death, we consulted a lawyer, who told us that we would have to go to court to have legal access to the property. The lawyer seemed to think that step-dad would have some legal standing, even though they were never married. (At least, that is what I think the lawyer said). At the time, we didn't see the need, as Step-dad continued to live there, and we knew that is what she wanted. He's lived there since, and has paid the property taxes, and has done as much improvements to the 30+year old mobile home as he can.
However, now he has remarried, and the trailer is no longer livable. They'd like to buy a new modular home and place it on the property, but they can't because they don't own it.
So, my questions are - what do we do? Do all 7 of us have to agree, or can a majority decide what to do? (We are not necessarily all friendly) What exactly is the process of moving a property into probate? Does stepdad have some/any legal status? Does he have to "buy" the property from us, as he's been living there for 20+ years now?
For whatever this is worth - the four older siblings were raised by their father (very long, complicated story) and were not involved in mom or stepdad's life until the last few years of her life. The younger 3 (of which I am the oldest) grew up living in that house.
Any advice would be greatly appreciated. Thank you for your time. CJ