Legal Question in Wills and Trusts in New Jersey

Does a sibling have any right to home

I purchased a home 12 yrs ago for my mother. The deed is in my name. Mom paid off the mortgage after selling her other home. I have taken care of Mom and the upkeep of the home. Does my sibling have any rights to the home. Will does not address the home at all.


Asked on 8/10/08, 6:24 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Does a sibling have any right to home

While I generally agree with Miriam, if the amount used to pay your mortgage was large, and exceeded the value of your care for Mom and her expenses, your sibling might make a claim through Mom's estate. The sibling would not have a claim against your house, but could make a claim against your interest in Mom's estate. This does not automatically mean you would lose the case, but it could become an issue. More facts are needed for a complete response.

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Answered on 8/10/08, 8:22 pm
Miriam Jacobson Retired from practice of law

Re: Does a sibling have any right to home

Wills can only deal with property owned by the deceased. If the property was purchased with your own assets and was in your name, your mother had no interest in it and therefore could not give right to anyone else.

If your mother's paying off the mortgage was the equivalent of "rent", and the property was purchased by you with your own assets, your siblings do not have any claim to the house.

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Answered on 8/10/08, 3:25 pm


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