Legal Question in Wills and Trusts in New York
Splitting a house among heirs.
The original homeowner had 4 surviving children. Her will left everything to the surviving children in equal parts. In her old age the children feared losing the house to pay medical bills so about 1 year ago the title was transferred to the name of the oldest child. That child lived in the basement of the house for about 30 years. There was an understanding (not in writing) that the house would still be split among the heirs.
Now the woman has died and the oldest child is moving upstairs into the house. He is also refusing to pay the remaining heirs any money. Since the house is in his name he doesn't feel he has anything to worry about. Do the other heirs have any way of getting their shares of the house? Can they collect any money for the house?
2 Answers from Attorneys
Re: Splitting a house among heirs.
Death is always difficult. These kinds of problems are very frequent. I am sorry that you have been burdened by them.
The legal part of your question is very easy to answer. the status of the house is controlled by the will or intention of the deceased person.
In the absence of something in writing to illustrate that intention, the statements of that person are evidence of intention. Your problem is to find a person who is not an heir (you want to win, not just have a trial) who will testify that the transfer of the house was for the benefit of all four children; a "constructive trust". The lawyer who prepared the transfer documents may be able to help you.
If you can get that much, then you will likely win. If not (you only have the testimony of the 3 siblings) then your odds are better than 50/50 that the eldest will win.
Talk to a lawyer and review the transfer documents as well as any other things that are written down. You never know what you will come up with. Judges are familiar with this situation and will bend over backwards to help the three siblings. Judges know how these things often happen.
Further, if there is a will, probate it. if not, 'probate' the estate. Be aggressive - you still have rights.
You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.
Re: Splitting a house among heirs.
It will take a court action to clear this up. If the Will has not been probated, it should be probated. If the older child was named an executor, part of the proceeding should be to deny his appointment and the next named child appointed. Suit should be brought to impose a constructive trust on the house and for a restraining order until things are resolved. You will have an uphill battle since you have nothing in writing, but it should be OK.
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