Legal Question in Wills and Trusts in Pennsylvania

what rights do i have?

Prior to my mother's death in May,2008. I had been her caregiver for over 2 years.I left my job to take over her care and now am living in her house. Her will states that all her assets be divided by myself and my 5 siblings. My siblings have demanded that i move out so the house can be sold. Do I have the right to ask for my 1/6th share of the value of the house? I have no money to start over again. I need to know what legal rights I have if any.


Asked on 10/03/08, 9:07 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: what rights do i have?

It's hard to analyze your question without knowing all of the information about the estate, the will, etc.

Did the will name an Executor? Is the estate being properly administered? Administration requires more than just filing the will - debts and taxes owed by the estate have to be paid before anyone is entitled to distribution of what is left in the estate.

However, you are entitled to your share. If all of you agree to sell the house, you should not have to move out until the buyer takes possession after settlement. You would have to cooperate in the marketing of the house and should not obstruct efforts to show and sell the house.

You may have other rights as caregiver to your mother. It is unfortunate that she did not or was not able to change her will to give you a greater share in recognition of your caring for her.

You really should consult a local estates lawyer to help you, especially if your siblings are denying your right to your inheritance and if they are trying to pressure you to do things you are not required to do.

If you have limited economic means, you may be eligible for Community Legal Services or a similar pro bono legal agency in your area, if it provides legal services with respect to estates and housing.

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Answered on 10/04/08, 9:46 am


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