Legal Question in Wills and Trusts in New York

Re: Will never probated and now lost

Provided that both your brother and your sister agree, the three of you may sign a deed granting title in the property to you.

Although this will require agreement with your siblings, it will be far less expensive than any court proceeding.

By the way, adverse possession has no bearing on your situation.

Re: Will never probated and now lost

Someone needs to be appointed as administrator of your mother's estate, to have authority to deal with the property. This requires a complaint for administration be filed in the county where the property is located under the intestacy laws (person died with no Will) and probably a bond to be posted. You could apply, but your siblings have equal rights of appointment, which they can renounce in your favor, so you can serve alone. Under the intestacy laws, they are each entitled to 1/3 of the net equity of the house, which they can disclaim in your favor, if they wish. If there is an anticipated problem in getting them to sign off on the property, you could argue that you are entitled to be reimbursed for all costs of maintaining the property since your mother's death. This would include taxes, insurance, repairs, maintenance, etc., but not utilities as you have been living there. They could argue that you should be paying rent, of which they would be entitled to 2/3. You could argue that they knew you were living there and never demanded you pay rent. This could get ugly if they do not want to sign off, but maybe their inaction over all these years might be construed to be their consent to waiving rent and their interest in the property. A court proceeding may be required, separate from the administration. I suggest retaining a NY estate lawyer (I can recommend several to you) to help you, especially if your siblings give you a hard time in clearing title to the property and demand their share of the estate.

Re: Will never probated and now lost

Adverse possession has nothing to do with this situation. A court order will be necessary to determine proper ownership. Since you have maintained the premises equity will be in your favor. I can refer you to one of my NY associates should you wish to speak with a local attorney. Good luck.