Question posted in the Family Law category relating to Eastern Cape
Scenario:
Upon the death of my mom, her house was transferred equally to all 6 siblings. We all agreed that because we have homes, we will transfer the house to one of the siblings who does not have a house [ Mike]. Mike passed away last year without a will. He was single and has no kids. Both parents are pre-deceased. Before his death, one of the other siblings [John] stayed with Mike. After Mikes, death, John stayed on in the house. John, unfortunately, passed away 2 months back.
The house was closed up. Please remember that the house is registered in Mikes name and his estate has not yet been finalised.
Now, about 2 weeks back, the eldest sibling [ Evan] and his adult kids, have been opening the house up and taking out stuff and doing maintenance on the house. They the only ones who have keys to the house and refuse to open up for anyone else.
What gives them the right to have access to the house?
Please advise me on this situation.
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
As you say, Mike is the registered owner of the house because you all agreed that it would be registered in his name. The other 5 of you would have a personal claim against Mike for your share of the value of the house.
If Mike passed away without a Will, then his estate would be left (in equal portions) to Mike's siblings. i.e. you guys.
That means that you 4 are the owners of the house... but the house would need to be transferred to you by the executor of Mike's estate.
Evan has no legal right to access Mike's house.
Evan is not an owner of the house (Mike's estate is) so Evan really has no legal right to access the house, or do an work to the house.
The executor to Mike's estate needs to take control of the assets and ensure that they are distributed in accordance with Mike's will, or the rules of intestate succession.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
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Message from the Customer
Message from the Attorney
Yes, John's kids (or his wife) would inherit John's share in the house after Mike passes away. That's if Mike didn't leave a Will, and the laws of intestate succession apply.