Legal Question in Wills and Trusts in New York
intestate real property previously owned by heir
Almost 20 years ago I bought a house, then nearly lost it in the mid-90s when my mother stepped up to help, but too late for me to keep the deed in my name.
Not long afterward, my ''prodigal sister'' returned yet again to the family fold, homeless, and having committed a felony act (burned down her house).
While paying or helping to pay my mortgage until I could get back on my feet, which I never completely did as I'm now physically disabled, Mom bought my sister a house, making every mortgage payment, paying almost all sis's other bills, even restitution & other legal fees.
My beloved mother died intestate, with my sister and myself the only heirs. At her death, she was destitute except for her properties, because my sister had wiped her out of hundreds of thousands of dollars.
Mom said for years that she must make sure I get to keep my home, and considered it mine, not hers.
Of the 3 properties, mine is worth the least. It seems fair and right that I receive 50% of my mother's estate, as per law, however, it seems wrong that my sister is entitled to any part of my home.
Is there any hope of getting my home back in my name without having to pay my sister for it?
3 Answers from Attorneys
Re: intestate real property previously owned by heir
As they say, yesterday is history. Your best bet is to work it out with your siblings. If you're not able to work it out, then you should hire an attorney to open up an heirship proceeding for distribution of the property. Some attorneys will take their fees out of the proceeds of the estate, thus no up-front charges.
Re: intestate real property previously owned by heir
Depends on how the house is titled. Is it in you and Mom's name as Joint Tenants? If so, the house passes completely to you.
If it is titled as Tenants In Common, your Mom's share passes 50% to you and Sister and you would own 75% of house. If you can prove that your Mother's payments to/for your sister were loans expected to be paid back you may be able to wipe out her 25% share in house w/o paying her.
You should apply with the surrogates court to be Administrator of your Mom's Estate (file a petition for same).
I would be glad to look at your deed if you wish to fax it to me.
Debra
Re: intestate real property previously owned by heir
Depends on how the house is titled. Is it in you and Mom's name as Joint Tenants? If so, the house passes completely to you.
If it is titled as Tenants In Common, your Mom's share passes 50% to you and Sister and you would own 75% of house. If you can prove that your Mother's payments to/for your sister were loans expected to be paid back you may be able to wipe out her 25% share in house w/o paying her.
You should apply with the surrogates court to be Administrator of your Mom's Estate (file a petition for same).
I would be glad to look at your deed if you wish to fax it to me.
Debra
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