Can his sister sell the house?

[Tjlombard]

The house is not in my name, but we lived here for 19 years, and his sister wants me OUT. He hadn't seen her for 25 years, and she didn't visit him in the hospital, she is very bossy and demanding that I give her a key to the house! I am the beneficiary on his 401K, and also the agent on his advanced care directive. Also, I am in California. She wants to sell the house in January. Can she do this?

 

[quincy]

The house is not in my name, but we lived here for 19 years, and his sister wants me OUT. He hadn't seen her for 25 years, and she didn't visit him in the hospital, she is very bossy and demanding that I give her a key to the house! I am the beneficiary on his 401K, and also the agent on his advanced care directive. Also, I am in California. She wants to sell the house in January. Can she do this?

Your post is missing relevant information and, as is, is quite confusing. Please clarify. Thanks.

 

[Shadowbunny]

I'm going to take a stab at this and ask a few questions:

TJlombard, were you a spouse or romantic partner of the homeowner? We can only assume the homeowner passed away -- but WHEN did that happen.

Was there a will? If so, who was named as beneficiary of the house?

If no will, who are the surviving family members? Was sister named as executor?

We can help you only if you provide relevant details.

 

[Tjlombard]

Of course, Sorry about that! He passed away on September 29th and there is no will. The house is still in his name only, but we were going to transfer title to myself soon. His death was sudden. I am the beneficiary on his 401K, and the agent on his advanced care directive. Hope this help am and thanks.

 

[PayrollHRGuy]

Were you married?

 

[Shadowbunny]

Of course, Sorry about that! He passed away on September 29th and there is no will. The house is still in his name only, but we were going to transfer title to myself soon. His death was sudden. I am the beneficiary on his 401K, and the agent on his advanced care directive. Hope this help am and thanks.

You still didn't tell us if you were married -- and that matters.

Being the beneficiary on his 401K doesn't factor into anything but the 401k. Same with being on his care directive. And unfortunately for you, his intentions to the title to the house don't mean anything now that he's gone.

You didn't answer the other question about other family members; that's matters, too.

And I'm sorry for your loss.

 

[Tjlombard]

We were engaged to be married on his birthday, in April. Also, besides his sister, he has an older brother and a younger sister. I don't want anything I'm not entitled to, it just seems a little cold to force me out so soon after his passing.

 

[Taxing Matters]

We were engaged to be married on his birthday, in April. Also, besides his sister, he has an older brother and a younger sister. I don't want anything I'm not entitled to, it just seems a little cold to force me out so soon after his passing.

My sympathies on the sudden death of your fiancé. When it occurs unexpectedly and before plans are all in place that makes it harder to deal with and can feel a bit overwheling when you are still processing the grief from your loss.

Unfortunately the house and the rest of his probate estate passes to his siblings (assuming his parents are both deceased) under state intestacy law because he didn't have a will. His sister would have to be the personal representative of his estate in order to force you out and to sell the home, though. You can go to the court that handles probate for your county and see if any probate has been opened and who the personal representative is. You can also ask the sister for a copy of her letters testamentary from the court proving that she is the personal representative. Unless she is the personal representative there is nothing she can do regarding the property.

You still get the § 401(k) account as you were named the pay on death beneficiary of it. She can't get that. His advanced health care directive terminated the moment he passed away; you have no power over anything as a result of any directive or power of attorney he executed once he died.

It is a bit cold of her to act so quickly, but if she is the personal rep of the estate she is entitled to tell you to get out and to sell the property. The fact that your fiancé and his sister were estranged for over 25 years no doubt contributes to her lack of compassion in this regard. But you'll need to start preparing to move. She can't force you out tomorrow, but the time is coming when the personal rep of the estate will indeed want you to move out.

 

[Tjlombard]

My sympathies on the sudden death of your fiancé. When it occurs unexpectedly and before plans are all in place that makes it harder to deal with and can feel a bit overwheling when you are still processing the grief from your loss.

Unfortunately the house and the rest of his probate estate passes to his siblings (assuming his parents are both deceased) under state intestacy law because he didn't have a will. His sister would have to be the personal representative of his estate in order to force you out and to sell the home, though. You can go to the court that handles probate for your county and see if any probate has been opened and who the personal representative is. You can also ask the sister for a copy of her letters testamentary from the court proving that she is the personal representative. Unless she is the personal representative there is nothing she can do regarding the property.

You still get the § 401(k) account as you were named the pay on death beneficiary of it. She can't get that. His advanced health care directive terminated the moment he passed away; you have no power over anything as a result of any directive or power of attorney he executed once he died.

It is a bit cold of her to act so quickly, but if she is the personal rep of the estate she is entitled to tell you to get out and to sell the property. The fact that your fiancé and his sister were estranged for over 25 years no doubt contributes to her lack of compassion in this regard. But you'll need to start preparing to move. She can't force you out tomorrow, but the time is coming when the personal rep of the estate will indeed want you to move out.

Thanks to all of you for your opinions about my situation. Today his sister contacted me, requesting a key to the house. In exchange she will give me a copy of the death certificate. Is this common, it seems so weird.