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My brother and mother were living in her home for a few years and then she was placed in a home. My brother remained in her home for about 2 years after she was put in a home. While in the home he didn't pay any of the bills or take care of the home. Soon the utilities were disconnected and he remained in the home. I moved out of my apartment and into the home with my brother, who is an alcoholic, and began rehabilitating the home. I paid down the liens on the home, the utilities and the repair all alone with no help from my brother or any of my other 7 remaining living siblings. The taxes on the home had not been paid in 3 years. Two of my children paid the taxes on the home on my behalf. I have lived in the home for the past 2 years while my mother was in a home. Recently she died and her last Will was over 30 years ago, not stating who should get the home. Some of siblings want me to have the home, some of my siblings want to sell the home and some of my siblings want me to essentially pay rent in the home. My mother has always told me she wanted me to have the house but never put it in writing. What can I do to have the home placed in my name so they won't be able to get it or sell it?

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MAC,
Her mother has passed.

So she needs to see a lawyer and work things out without a current will.

You may need to 'buy out' the other sibs--this may well go to probate court and a judge will decide what to do.

If some of your sibs want to recuse themselves from being heirs, they need to state that legally.

Doesn't really matter what the sibs want--you're going to have to fight some of them for this--whether you think it's fair, or not, up to a judge, even if all of you agree 100% on things.

And I bet that won't happen--good luck.
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Reply to Midkid58
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Let's start with the question of whether your Mom was on Medicaid.If so, they will want the proceeds of any sale on the home.
The old will is still valid. So that assets, after any payments due for bills and governmental help are paid, will be distributed by the named Executor of the will as stipulated.
That the house is not in the will is a problem. You should see a lawyer, but normal procedure would be that the proceeds after the sale of the house and the settlement of all bills due, would be divided among the legal heirs. That you paid your own money on your Mom's taxes is sad, but it isn't reimbursed unless your siblings choose to pay you for them, and for repairs.
The home will not be placed in your name simply because you live there (some would say have done so rent free as the brother had). Once the Executor places the home for sale you can buy it should you wish for fair market value.
That is my understanding of the law in most states, but others may have some other clue for you how to better proceed. Hoping Mstrbill or igloo or some others will weigh in.
Once the siblings are designated as equally the heirs of the home any one of them can force sale of the home, as I understand it.
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Reply to AlvaDeer
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Someone has to file the will in Probate and someone will be the executor. The court will hand out a letter of tesimony to the executor so that will allow the sale of the house as the official signer. The executor can also legally charge for their services from the value of the estate. Either the will spells out the distribution or the court follows state rules. Usually the value of the house at sale will determine the distribution. If you want the house and it gets divided among all siblings, then you have to come up with the rest of the costs to purchase. Your desire to keep the house is only a wish.
Here is the down side. Your mom was in a "home." Is this a Medicaid nursing home bed? That means the government also has a lein on the home in order to claw back expenses while she was in care. Since you paid off debts and maintainence, you will not be able to account them as claims to the home. Consider these payments as your "rent" while you lived there.
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Reply to MACinCT
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