Brooklyn, NY asked in Civil Litigation and Elder Law for New York

Q: My mom inherited 1/2 of a house in 2008.

My mom, and her nephew inherited a house in 2008, mom died in 2015. Recently, I found out that my moms' nephew sold the home April 2018, without my dads knowledge. Isn't my dad still entitled to her half of the proceeds from the sale, even if my mom is deceased. As of today her nephew has moved on having no contact with the family.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: It depends on how the deed was drawn. If it was with right of survivorship between the two then no. If tenants in common, then you are right. Look at the deed and see how it was done.

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