Patchogue, NY asked in Consumer Law and Real Estate Law for New York

Q: My son advised me to finance an extension on his house when I was over 70 saying it would be better than living alone

He said he would take me as a dependent for life and NOW he is selling the house and says I have NO interest in it! I am 84 living on only my SS What can I do?

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

A: If you can show your money was used for the financing, you can sue him and claim a trust in his property. It is a hard case to win but you can cause your son issues that might make him settle.

Barry E. Janay agrees with this answer

1 user found this answer helpful

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

A: If the finance of the extension was done through a mortgage you may have a right to foreclose on it if he did not pay you back for instance. A lot more information is needed. At the very least put a Lis Pendens on the property so that your claim can potentially be resolved prior to him selling. Again, much more information is needed to figure out whether you have a legal interest in the property or not.

1 user found this answer helpful

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