Inheritance of house with sibling living there

Q

qwerty5

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My father just passed away leaving his property to myself and my sister. My sister has lived in the house for the last few years.
We haven't thought much about what to do with the property yet but I was wondering if my sister has any extra rights as she's currently living there.
I'd be happy enough with her buying me out (if that's an option for her) but just wondering if there's anything legal we should be aware of as she's there now.
 
Firstly, condolences on your loss. It's a difficult time and perhaps not a time for being overly hasty in making major decisions.
I would think that unless your late Dad's will made any specific provisions regarding your sister's right of residence then it is simply for you both to jointly decide what to do about it.
 
Pinoy adventure said:
Depending on how long she have lived there the family home act might come into play.
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Family Home Act isn't relevant here.

Assuming there are no rights of residence or life interest; just sell the property, either to sibling or another buyer.

You can either put the house on the market and see what offers you get, then sibling can pay best offered price. Or you can get three valuations & take the average of the three.
 
Sorry to hear of your dad dying.

You have other options, you can give up your inheritance in favour of your sister so she inherits 100%

You and she could come to an agreement that you both continue to own the house and she pay you a fair rent and you both pay overheads such as maintenance. And now would probably be a good time to decide what would happen to your half if you passed away suddenly.

If you both decide to sell, does your sister have alternative accommodation.

Has she been putting work into the house in the last few years, or did she pay your Dad rent, or did she look after him in exchange for free accommodation. She may feel she has a right to be paid for any investment she put into the house before your Dad died.

Lots to think about.
 
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