long story short... grandpa passes away, all kids sign over their share of home but 3. sister lives in home over 20 yrs. 2 yrs before passing unknown to anyone as to why, one brother signs his share over to other brother. Can the children of sister sue the one brother who now owns 2/3 share because their mom was the sole person who took care of and did everything for the home? please feel free to ask questions if need more info. Thanks for any feed back we appreciate it!!
1 Answer from Attorneys
Confused. You say ALL kids sign over their share of home but 3. That tells me there are at least 6 kids. Sister, and at least 2 KIDS that signed it over to her (no need to say kidS unless there are at least 2) then the 3 that did not sign. Then you say one brother signs his share to other brother and now owns 2/3. So as I see it sister has her siblings other 2 shares plus hers, and 3 keep their share. Then one gives his to a brother and that leaves him with 2 shares, the sister with 3 shares and the other sibling with 1 share. Sister has 1/2 interest, brother with 2 has1/3 interest and the sibling with 1 share has 1/6th interest. Her percentage of ownership (assuming the transfer of their shares was done properly) would only increase if more than 2 siblings gave her their share. But the sister can Petition in the succession that she should be granted the entire interest in the house because she kept it up for 20 years and took care of the grandfather for the last 2 years.