When Do All Siblings Get Their Share of a House if a Will Says Certain Siblings Can Live There?

If parents wish to Will ownership of their home to one specific child or to specific children, the Will should clearly state as much.

If parents wish to Will ownership of their home to all children equally, the Will should clearly state as much.

But to create a Last Will and Testament stating an equal distribution should be made amongst all children AND certain children can live in the property after the death of both parents is a conflict that a Probate Court would need to resolve.

Families are best served when parents create a clear and concise Last Will and Testament. To do so for less than $15, see Standard Legal’s Last Will and Testament legal forms software.

(Parents can create a “Life Estate Deed” — a deed that allows specified children the right to live in a house until the death of those named children, and only after the death of those children is the home then divided equally among the remaining surviving children. But such a Deed is not common, nor is it something Standard Legal recommends or offers.)