Legal Question in Real Estate Law in New York

stepfather never was involved in housw

my mother died in 2002 there was no will i never saw a marriage license he recieved pension with my name on it now he wants part of the house that he never had anything to do with he was fooling around with some one else before and after my mom's death house was co owned by uncle and my mom house brought i believe in 1980 they where supposedly married feb 2000 need help to keep family house he wants money to move on they agreed to sell house for onehundredthousand yet would not sell it to me uncle past away house now belongs to 3 cousins and my mother his name never put on deed her name never changed house is going to go to forcloser if nothing done soon


Asked on 4/12/06, 10:20 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: stepfather never was involved in housw

From what I understand, your Mother and your 3 cousins owned a house and now your Mother has passed without a will?

If she was married to your step father he will inherit 100% of her share. But, he/someone needs to file for Administration of her Estate in order for him to "inherit" her share or for the house to be sold.

If you do not believe they were legally married, you can file for administration as next of kin (he will have to get notice) and then you will find out as he will object to your petition and prove to court he is next of kin as husband.

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Answered on 4/13/06, 12:28 am


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