23 Nov After mom died, my brother is staying in the house. What’s next?

Q. My mother died recently. Her will says my brother can stay in her house as long as he wants to and when he decides to leave, the home will be sold and the proceeds split among four siblings. He will be paying all the bills that occur with owning the house. Does the house need to be retitled now? I’m the executor.
— Executor

A. We’re sorry to hear about your mother.

The will should provide more guidance for you when it comes to ownership.

There may be a specific bequest of the home to the four siblings subject to your brother’s right to live there, said Yale Hauptman, an estate planning attorney with Hauptman and Hauptman in Livingston.

If there is no specific mention, then the residuary clause covers the rest of the probate assets, Hauptman said.

“If the residuary clause states that the remainder of the estate passes to the four siblings, then ownership passes to them,” he said. “In that case the title should be in their names.”

This should not impact in any way your brother’s ability to pay the bills, he said.

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This story was originally published Nov. 23, 2020.

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