Wetumpka, AL asked in Real Estate Law and Foreclosure for New York

Q: Receiving calls from lawyer to get permission to sell house because stepdad not making payments. Can I claim the house?

Mother died over 7 years ago without will. I went to live with other relative because stepdad took over house, I didn't know at the time that I could claim it because I was young. He has been living there ever since, can I lay claim the house and he be responsible for the unpaid payments or will it go to me; even though he is still living there?

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3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: Your rights depend on how the title was held. I would need to see the deed.

Barry E. Janay agrees with this answer

Derek John Soltis
Derek John Soltis
Answered
  • Foreclosure Defense Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: You have different options depending if your mother had a will. Do you know if your Step-father was ever on the deed? Do you know if the property has gone through probate?

You really should talk to an attorney to go over all of your options.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: If the property was held as "tenants by the entirety" a type of ownership exclusive to married couples, or even held by them jointly with the right of survivorship than you may not have any rights. If your mother had a will than that is a different story entirely. In any event, you should consult with an attorney and potentially bring an estate case (administraiton if without a will, probate if with a will).

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