Cornwallville, NY asked in Real Estate Law and Elder Law for New York

Q: my name is on deed from late father, mother has lifetime tenancy, I live w/ her. do I have any rights in home/

I was begged by mother to move in to kick out troublesome family members whom she had allowed to stay there. she kept telling me that it was my house(she wasn't living in the house at the time). after moving in, I was told that I couldn't kick them out because it was her house which means that she deceived me, the trouble making family member is causing much stress to my family (two daughters and a fiancé) and when I ask my mother to get rid of the troublemaker, I am told that its her house and she can do what she wants. She has moved back into the home. I cannot afford to move, do I have any rights to have this person removed from the property?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It depends on the terms of the life tenancy, and who is paying expenses, etc. You can likely bring an eviction action.

Barry E. Janay agrees with this answer

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

A: Depends on the precise language in the deed and if you are acting as a de facto landlord or have some other rights as a tenant / licensee.

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