Mom dies, SIL lives there. What next?

[frodo222]

New York. My sister-in-law, widowed, with children, lives with my mother in mother's house. No rental agreement. Mother's will entitles her to my deceased brother's share of estate. When mom passes, SIL wants to buy house & expects a discounted price. What complications might we face if she does or does not buy the house? She disagrees with us (remaining brothers) on value of house. Expect it will be hard to settle with her or get her to move out if we sell to others. Will indicates that executor (another brother) will decide how to handle her share. Can she fight in court to hold onto the house? Can she legally stay in the house in order to delay/complicate settlement, even if sell the house on open market? Is a living trust best protection?

 

[seniorjudge]

Q: Mother's will entitles her to my deceased brother's share of estate.

A: How can ma will someone else's property? Did deceased brother have any heirs?


Q: When mom passes, SIL wants to buy house & expects a discounted price. What complications might we face if she does or does not buy the house? She disagrees with us (remaining brothers) on value of house. Expect it will be hard to settle with her or get her to move out if we sell to others. Will indicates that executor (another brother) will decide how to handle her share. Can she fight in court to hold onto the house? Can she legally stay in the house in order to delay/complicate settlement, even if sell the house on open market? Is a living trust best protection?

A: Yes, she can certainly screw things up when ma dies. So it is up to ma to clearly state in her will how all these questions will be answered. That is, if ma is still competent. If ma is not still competent, then gird your loins for battle.

 

[xylene]

New York. My sister-in-law, widowed, with children, lives with my mother in mother's house. No rental agreement. Mother's will entitles her to my deceased brother's share of estate. When mom passes, SIL wants to buy house & expects a discounted price. What complications might we face if she does or does not buy the house? She disagrees with us (remaining brothers) on value of house. Expect it will be hard to settle with her or get her to move out if we sell to others. Will indicates that executor (another brother) will decide how to handle her share. Can she fight in court to hold onto the house? Can she legally stay in the house in order to delay/complicate settlement, even if sell the house on open market?

The house is to be sold be sold at market value.

If SIL wants to buy it she has no grounds for paying less that that.

She has no right to expect rent free accomodation in the house after mom's death. She needs to pay market rent to her brothers minus her two shares of ownership of the house.

Is a living trust best protection?

Protection for whom? I don't get this.

 

[tholt4]

She needs to pay market rent to her brothers minus her two shares of ownership of the house.

Won't the SIL only have one share - that of her deceased husband's?

 

[nextwife]

And what if mom decides to sell BEFORE she passes?

 

[xylene]

Won't the SIL only have one share - that of her deceased husband's?

Thats going to depend on moms will isn't it.

Say mom has 5 kids

Each child gets married.

She could elect to split her estate 5 ways 10 ways. (or not equally at all.. or any number of ways)

But lets suppose the 10 ways scenario

Child A dies

Possible scenarios for wife of A (and it depends on will and Mom)

Wife is disinherited

Wife recieves one share out of an estate split 9 ways...

Wife recieves her share at deceased husbands share...

Wife recieves 1 share out of 10 with her hubbies share split among the brothers...


Mom could have any simple or complex way of doing this. I can't actually know..

The broader point I was trying to make is that if SIL stays in the house she will not be able to stay for free, and the other inheritors will be able to collect rent from her and she will not get the property for less than fair market value just because she is a current tenant with mom.

 

[nextwife]

Thats going to depend on moms will isn't it.

Say mom has 5 kids

Each child gets married.

She could elect to split her estate 5 ways 10 ways. (or not equally at all.. or any number of ways)

But lets suppose the 10 ways scenario

Child A dies

Possible scenarios for wife of A (and it depends on will and Mom)

Wife is disinherited

Wife recieves one share out of an estate split 9 ways...

Wife recieves her share at deceased husbands share...

Wife recieves 1 share out of 10 with her hubbies share split among the brothers...


Mom could have any simple or complex way of doing this. I can't actually know..

The broader point I was trying to make is that if SIL stays in the house she will not be able to stay for free, and the other inheritors will be able to collect rent from her and she will not get the property for less than fair market value just because she is a current tenant with mom.

There is no way to know what mom is going to leave SIL, if anything. Whatever interest she DOESN'T get by inheritance needs to be bought by her, at market value, for her to be entitled to it.