Legal Question in Wills and Trusts in New York
intestate real property transfer back to previous owner, one of 2 heirs
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 it in my name.
Not long afterward, my ''prodigal sister'' returned yet again to the family fold, homeless, and having committed a felony act (she burned down her house and stayed out of prison using mental illness diagnosis).
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 other bills, even restitution & probation fees.
My beloved mother died intestate, with my sister and I the only heirs. At her death, she was destitute except for her properties, because my sister had cleaned 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?
4 Answers from Attorneys
Re: intestate real property transfer back to previous owner, one of 2 heirs
Not without a will. Good Luck.
Re: intestate real property transfer back to previous owner, one of 2 heirs
Not without a will. Good Luck.
Re: intestate real property transfer back to previous owner, one of 2 heirs
Not without a will. Good Luck.
Re: intestate real property transfer back to previous owner, one of 2 heirs
If I read your question correctly, you have inherited a 50% interest in 3 different properties. Your sister has the other 50% interest.
If thats the case, there is nothing to prevent you from doing a little horse trading so that you each get 100% interest in the home in which you reside, and then selling off the third house and dividing the proceeds.
Since there seems to be a little friction between the two of you I suggest you consult an attorney trained in Texas collaborative law (you can Google it). Collaborative lawyers are trained in resolving these kind of intra-family disputes in a manner that meets everyone's goals and does not muck up the waters through unnecessary litigation.
If you email me I can send you some links to help you locate collaborative lawyers practicing in your area.
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