Q: Good evening, My sister G lives in NYC and is being evicted from a coop bldg. She lived for over 20yrs with an old lady

and her son J (not married). G had a child with J. The child S was legally adopted by G‘s brother as S was born with heroine in his system and removed from the parents. J died in 2012. the old lady died in 2018. There is no will and the coop is in the name of the old lady. There exists another son, who was in jail for murder and released in 2018. Can S (Now 16) inherit the Coop and G stay? G only has some pictures of her and J, an old Medicare card with her name listed as his caregiver and a birth certificate exists for the child with the parent names listed. G cared for the bedridden old lady until she died, at least 5 years as an invalid, and throughout the old lady’s last 20 years. G has a history of heroine abuse.

Thank you for your help.

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

A: S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.

1 user found this answer helpful

Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: You've done a nice job of laying out a complicated factual situation; however, the best way to get proper advice is by meeting with an attorney that can review the situation more thoroughly. The issue I see is that termination of parental rights and adoption of S by G's brother may have terminated any rights to inheritance.

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