Who's entitled to get the house if my mother passes away?

[fweatherford]

What is the name of your state (only U.S. law)? Tennessee
I wanted to know if my mother passes away, who would receive the house? This is where it gets difficult. When my mother & father bought this house they were married. My father died in 1977. My mother is still living. My brothers are not my father's biological children, I'm the only biological child he has. My father adopted my brothers. If my mother passes away, would I be able to get the house since I'm the biological child. My brothers were adopted so they to have my father's last name, but I'm his blood child.

 

[Silverplum]

What is the name of your state (only U.S. law)? Tennessee
I wanted to know if my mother passes away, who would receive the house? This is where it gets difficult. When my mother & father bought this house they were married. My father died in 1977. My mother is still living. My brothers are not my father's biological children, I'm the only biological child he has. My father adopted my brothers. If my mother passes away, would I be able to get the house since I'm the biological child. My brothers were adopted so they to have my father's last name, but I'm his blood child.

I see you don't understand the meaning of "adoption."

 

[adjusterjack]

If your parents owned the house jointly with right of survivorship then your mother became sole owner when your father died and it doesn't matter what the relationship is between you and your brothers and your father.

It would be your mothers house.

If she dies without a will and with no spouse you and your brother's will share equally in her estate.

That means you and your brothers will all be owners of the house and have to figure out how to handle it, or sell it and split the proceeds after all your mother's debts are paid.

Since your mother is still alive, I suggest that NOW is the time to ask her if she has a will and what kind of estate planning she is doing.

 

[LdiJ]

What is the name of your state (only U.S. law)? Tennessee
I wanted to know if my mother passes away, who would receive the house? This is where it gets difficult. When my mother & father bought this house they were married. My father died in 1977. My mother is still living. My brothers are not my father's biological children, I'm the only biological child he has. My father adopted my brothers. If my mother passes away, would I be able to get the house since I'm the biological child. My brothers were adopted so they to have my father's last name, but I'm his blood child.

Legally, there is no difference between an adopted child and a biological child. You are not superior to your brothers due to biology. The fact that you think so is a little offensive.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Tennessee
I wanted to know if my mother passes away, who would receive the house? This is where it gets difficult. When my mother & father bought this house they were married. My father died in 1977. My mother is still living. My brothers are not my father's biological children, I'm the only biological child he has. My father adopted my brothers. If my mother passes away, would I be able to get the house since I'm the biological child. My brothers were adopted so they to have my father's last name, but I'm his blood child.

You are a pathetic selfish individual. The house would go to whoever your mother determines to leave it to in the will. Your brothers are as equal as you are if there is no will. Please get yourself help for your greed, Grinch.

 

[Ohiogal]

Legally, there is no difference between an adopted child and a biological child. You are not superior to your brothers due to biology. The fact that you think so is a little offensive.

A little?

 

[not2cleverRed]

What is the name of your state (only U.S. law)? Tennessee
I wanted to know if my mother passes away, who would receive the house? This is where it gets difficult. When my mother & father bought this house they were married. My father died in 1977. My mother is still living. My brothers are not my father's biological children, I'm the only biological child he has. My father adopted my brothers. If my mother passes away, would I be able to get the house since I'm the biological child. My brothers were adopted so they to have my father's last name, but I'm his blood child.

Your father has been dead since 1977.

His estate has likely been settled for over 35 years. The house is your mother's property. She may or may not have a valid will. If she has a will, her estate - including the house - should be divvied up as directed by the will. She does not have to leave the house to any of her children.

If your mother dies intestate (no valid will), then the intestate laws of Tennessee will apply. You and your brothers are the LEGAL children of your mother and father.

 

[FlyingRon]

Note that, will or not, heirs only inherit what is left after the estate has been settled. There may be things like Medicaid care recovery and other final debts that would mean the house would need to be liquidated before any of the children can think about squabbling over it.

As others pointed out if she has a will, it dictates. If she doesn't, then the children (adopted and biological (not adopted by seomeone else) children are treated the same, step/foster children are ignored). Tennesee, by the way uses distribution by representation (per stirpes) which means that if one of the children predeceases the parents but has descendents, those descendents split what would have been the parent's share.

 

[fweatherford]

Response to my question

I appreciate all the comments...even the negative ones. I was just asking a question. I just wanted to know. I don't care who gets the home. I'm not greedy. I merely asked a question. This house needs numerous repairs done to it & I was asking the question because I wanted to know if I had to be the one to do them. My brothers can have this home as far as I'm concerned. Before you start calling people's names, maybe you should ask why the question was asked in the first place. Thank you.

 

[Zigner]

Before you start calling people's names, maybe you should ask why the question was asked in the first place. Thank you.

Your contempt for your siblings was oozing in your post. The inference was reasonable.

 

[not2cleverRed]

I appreciate all the comments...even the negative ones. I was just asking a question. I just wanted to know. I don't care who gets the home. I'm not greedy. I merely asked a question. This house needs numerous repairs done to it & I was asking the question because I wanted to know if I had to be the one to do them. My brothers can have this home as far as I'm concerned. Before you start calling people's names, maybe you should ask why the question was asked in the first place. Thank you.

That's not the question you asked.

So I will attempt to answer that question.

If your mother is alive then she is responsible for maintaining her house. Anyone can choose to help her maintain her house, but generally they are not legally obligated to do so. There is a difference between moral and legal obligation. There are exceptions, of course, but you have said nothing about having a power or attorney or the property being in a trust (just a couple of examples).

If your mother is alive and living in her home, it would be nice if at least one of her children helped to keep her home livable. If your mother does not have the money for the repairs, there can be an arrangement made that you pay for them now and her estate pays the debt to you when she passes. This requires paperwork and accounting. It is good to keep track of what has been paid anyhow, especially if some of it can be considered a capital improvement.

Ultimately, either someone will live in the house or it will be sold - being in good repair retains the property value.

 

[FlyingRon]

Even if it is a capital improvement, unless there is some specific (and most likely WRITTEN) agreement otherwise, it's a gift to mom.

 

[fweatherford]

Response

My mother has sent money here to my brother who was supposed to use the money for house repairs and none of the repairs were done, as a result the foundation of the house is falling apart. This is the reason of concern on my part. That is the concern...my brother uses the money for other things. You see I'm concerned of the family home but if my brother continues to stay here & receive the money to make repairs & don't, then what is the solution. There's no solution.

 

[not2cleverRed]

My mother has sent money here to my brother who was supposed to use the money for house repairs and none of the repairs were done, as a result the foundation of the house is falling apart. This is the reason of concern on my part. That is the concern...my brother uses the money for other things. You see I'm concerned of the family home but if my brother continues to stay here & receive the money to make repairs & don't, then what is the solution. There's no solution.

Then I am unclear why, if this is the issue, it is under "wills and trusts".

There is a legal solution to this mess, if this is the issue... But as your mother apparently trusts your brother, she is unlikely to do anything about it. If she wrote a will right now, she would likely leave it to your brother and have the remainder of the estate split amongst the rest of the children.

If your mother trusted you, you could arrange for the work to be done, and have her pay whoever has been contracted directly.

However, it seems that your mother is not unhappy with the situation - you are.

I suggest you read Jane Austen's "Sense and Sensibility" - it might yield some insight into the futility of your bitterness. You will never achieve favorite child status with your mother and she will always favor your brothers, but you can still have a happy an productive life.