Legal Question in Wills and Trusts in New Hampshire

We have been living in a home owned by my parents for the last 25 years. We had a garage built on this land and made all the payments for the mortgage on the garage and it is now paid for. We have done all the maintainance on the house (new roof, replaced a bow window with a sliding glass door, had a deck built, etc.)

My father always told us that when he died we would be able to stay here so long as we paid the property taxes. Well, he died on 8 days ago and my mother is already telling us that she wants to sell this house. They lived in another house which she also says she is selling.

The only legal will that was found was from 1989 and states that he leaves everything to her. He did, however, write his wishes in his own handwriting and he signed and dated it in July 2010. His wishes were for us to have this house and pay the taxes on it, and the other house was to go to my brother with the same deal.

Do we have any rights here or should we start packing?


Asked on 11/17/10, 4:19 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

It does not sound like your father ever promised you ownership. However,since you made all those improvements and payments over the years relying on your Father's promise arguably you should be entitled to the value of those payments and services so that if Mom wants to sell the house she must reimburse you. I am not saying that would happen but it is a that you could argue. The hand written document, while not a will, would bolster your argument that you were suppose to live there after his death. On the other hand, the Will leaves everything to Mom and she can do what she wants. Given what is at stake, I would certainly consult a lawyer.

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Answered on 11/22/10, 6:53 pm


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