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Inheritance

Home / I am unmarried, and in my late 30’s. I had been looking after my mother, who is elderly and in poor health, for many years, living with her in her apartment. I have two brothers, who did not live with us. I understand that the apartment passes on to us in equal shares. The problem is that my brothers want to sell the apartment, and divide up the proceeds of the sale between us, and I don’t. I have nowhere else to live, and would not be able to afford to rent or buy somewhere, even if I got my share of the proceeds, as the apartment is small and not worth much. Do I have a right to remain living there ?

I am unmarried, and in my late 30’s. I had been looking after my mother, who is elderly and in poor health, for many years, living with her in her apartment. I have two brothers, who did not live with us. I understand that the apartment passes on to us in equal shares. The problem is that my brothers want to sell the apartment, and divide up the proceeds of the sale between us, and I don’t. I have nowhere else to live, and would not be able to afford to rent or buy somewhere, even if I got my share of the proceeds, as the apartment is small and not worth much. Do I have a right to remain living there ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022

Yes, according to the Inheritance Law of 1965 a child of a deceased who had been living with his or her parent in the latter’s home has a right to remain there as a tenant of the heirs to the property after the parent’s death . If the brothers cannot come to an agreement about the sister renting the property, she can ask the family court to adjudicate on the matter, and set out the terms of tenancy.


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