Legal Question in Real Estate Law in New York
Step Children Selling my Home
My husband passed away several years ago from cancer, Our home was deeded in his name and his mother's name. Naturally we did not anticipate his passing prior to his mother. His will indicates 50% of estate to me (spouse and 25% to each of his children. My mother in law passed away 2 years after my husband and her will indicated her entire estate is left to the two grandchildren with if their father is deceased and one dollar to a second son, who cannot be located. Since my husband's death I have paid all property taxes as well as all expenses for the upkeep of the home. Now my step children want to sell the house and take the proceeds. Do I have any legal recourse?? Can I at the very least recoup the property tax and maintenance payments.
Thank you in advance for your assistance.
3 Answers from Attorneys
Re: Step Children Selling my Home
Your right to the property is dependent upon the form in which title was held by your husband and his mother. You should retain an attorney to review the deed and explain your rights to you.
Daniel Clement
Re: Step Children Selling my Home
Mr. Nager's answer covers it.
Re: Step Children Selling my Home
You did not state whether your husband and his mother held the house jointly (with right of survivorship) or as tenants in common. If they were tenants in common, you would now have a 25% interest, (1/2 of your husband's share). Otherwise, the heirs of the surviving joint tenant (your stepchildren) are entitled to the house.
You may have a claim for the taxes and the maintenance, on the other hand, the two estates are entitled to rent from you.
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