If one of the siblings has the deed then its not subject to the Will, now if mom was also on the deed that is different
Its not about "fair" at this point it's about who is on the one deed single or also mom? then after that the rest is sold and divvied by the will the fact that one siblings also has interest in a property doesn't effect the will
If the deed ISN'T in the name of the sibling, the estate can sell the property OR the sibling can buy out the others.
If the deed IS in the name of the sibling then it doesn't matter what is in the will; it wasn't your mother's property to will.
Who has physical custody of the deed is immaterial; what matters is whose name in ON the deed.
No, it isn't. I'm in a similar predicament… Hit the yellow pages, and find a good Probate Lawyer in the County that the property is located in. If you're lucky, he/she will waive the Retainer, knowing you'll receive proceeds from the sale of the property.
Did your mother own the house outright?
If so, and if the will dictates the property must be sold and the children given the money, then the property must be sold and the children given the money.
If not – then the will applies only to any part of the property she owns.
is the deed in one person's name? if that was done before mom dies, mom no longer has a house to be sold…if mom is of sound mind and made that choice..it is perfectly legal.
if the deed is still in moms name…the one that lives there will have to buy out the others. for example, if there are 4 kids, and the house is worth $100,000…the one staying pays $25,000 to each of the other 3
Not clear if mom is still alive. If so, her will is meaningless. If not, the answer would depend upon whose name was on the deed when she died. If it wasn't in her name EXCLUSIVELY, or as a tenant in common, then it's not part of her estate and thus has nothing to do with the will when she dies or died. There in nothing preventing mom from granting a deed to nearly anyone she wants, as long as she lives.
Your mom's will can only say what happens to things she owns outright
In this case the executor (who she should name in the will) has a legal responsibility to ensure what the will says is carried out. If they dont then they can be sued by the beneficiaries of the will
As already said – if one beneficiary wants to live in the house they can only do that with the consent of the other people named as beneficiaries of the house sale.
In this case the executor should demand at least the market value of the house from them less their share as if it were sold to them
If she dont then she has no say in what happens to it
whats "fair" has got nothing to do with anything
the reason for a will is to distribute the assets as the person desired, normally any legal activities would have to follow the will's directions
the child who wants the house can buy it and the proceeds distributed to the others just as the will states
the one who wants to live there cannot, it is defiance of the will
How did "one" get a deed to the home? Only the executor of the estate can transfer the property and must do it as instructed by the deed.
might be. the person who wants keep the house for self-occupancy should simply buy out the others based on FMV of the house; nothing else matters. FMV must based on what an independent third party would pay.