Legal Question in Real Estate Law in New York

2 Family House

I purchased a house but my mother is on the deed. She passed 2 months after the house was purchased and never made a mortgage payment. She and I were to split the bills 50/50. Now I have been paying all the bills and renovations. My brother who was incarerated came out and is trying to claim that the house is his. What can I do?


Asked on 6/19/08, 4:03 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: 2 Family House

More information is needed, specifically, the exact language of ownership on the deed.

Assuming the house was owned by you and your Mom as tenants in common (Mom's percentage passes through her estate), you would own 50% of the house and the estate would own 50% of the house. If you and your brother are the only beneficiaries of the estate, you would receive 50% and your brother would receive 50%. Therefore, ownership of the house would ultimately be 75% you and 25% your brother.

Mike.

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Answered on 6/19/08, 4:40 pm


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