Legal Question in Wills and Trusts in Trinidad and Tobago

Hi my mom died years ago and my dad died recently, They weren't married however they bought a house together. Both their names are on the deed. After my dad died I found out my mom had probate done leaving my dad as guardian until I was able or of age a the sole inheritor of her estate. My dad lady friend lives in the house for over six years.,,she was hiding my parents house deed and my mom probate from me. Yes both my parents name are on my birth certificate. She does not want to vacate the house and give it over to me. Is she intitled to the house.,, seeing as my parents name are on the deed.

Asked on 8/26/17, 8:28 pm

1 Answer from Attorneys

ANAND SEEPERSAD ANAND SEEPERSAD ATTORNEY AT LAW

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How old are you? Do you reside in the said house? Do you have other siblings from either you dad and/or mom?

You must start with the deed for the property. A review of the deed will determine if the land/property was held as joint tenancy or tenants in common. You stated your "mom had probate done leaving my dad as guardian until I was able or of age" . I am not sure what you are referring to but I assume you Mom left a WILL and her share/interest in the property was devised to you. Just be aware that one cannot WILL a property held in joint tenancy without the joint tenancy being severed. The law of succession applies to joint tenancy, These documents need to be reviewed before a legal opinion can be given.

Your dad's lady friend status must be established. Were they married? A co-habitational relation can be established after five years as such she may be able to claim 1/2 of your dad's interest. On the other hand did your dad leave a WILL..

Your dad's lady may be entitled to a share in the house. I suggest you refer your issue to an Attorney-at-Law for a review and legal opinion.

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Answered on 8/27/17, 11:47 am

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