Legal Question in Wills and Trusts in Connecticut

Division of Property Left in a Will

If property is left to all siblings and one of them has been living in the property, do they have a right to claim the property?


Asked on 11/17/08, 2:00 pm

3 Answers from Attorneys

Laura Mann Law Offices of Laura S. Mann, LLC

Re: Division of Property Left in a Will

In NJ, if the decedent leaves real property to more than 1 person in equal shares, the fact that one of those people (or someone else for that matter) was living in the property does not give that person any claim to any increased ownership interest in the property over those who did not reside on the property.

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Answered on 11/17/08, 2:08 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Division of Property Left in a Will

Just because one sibling lived in the house, does not give that person any additional ownership rights where the Will leaves the house to all the siblings.

Divided interests in real estate often cause serious problems as the new owners often will disagree on what to do with the property [e.g. sell, rent, repair and sell, etc.]. You should probably hire an attorney to assist with a solution and protect your rights.

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Answered on 11/17/08, 3:03 pm
Nancy M. Rice, Esq., CELA Elder Law Offices of Nancy M. Rice

Re: Division of Property Left in a Will

I agree with Laura and Jonathan. If the sibling living in the property is the Executor, it is particularly difficult. We just handled a case like this, got the sibling removed as Executor, and resolved the case.

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Answered on 11/20/08, 8:58 am


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