Q: My dad wants to sell my mom's house in Florida that my brother is currently living in. Is it possible to challenge this?
My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My mom passed away in March 2019. My brother and my dad have an extremely bad relationship. My dad wants to just sell the house, since its his alone now, and put my brother out on the street. My brothers been reaching out to me wanting to take dad to court and say that he's not capable of making these kinds of decisions with what would be our inheritance. Both of my parents had/have very serious drug problems, which is what lead to my mom dying and my father is basically in the same boat. My brothers been asking me to please speak to a lawyer but I feel like we have no leg to stand on anyway. My dad owns that house. The mortgage is paid off and everything. Should I seek counsel on this?
A:
Sorry to hear of your mother's passing.
Actually this is a real estate question not a family law question. You should consult with an attorney to ascertain that the title vested in your father upon your mother's death without a probate proceeding. It is possible your brother may be able to claim some equitable interest in the property depending on whether he has paid to improve the property over time and other expenses he may have paid over time. If your parents owned the house as husband and wife when your mother died it would have been solely your father's house, and basically would be his to do as he wishes.
Why can't your brother talk to an attorney about this, since he is the one wanting to claim the right to stay in the house.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A:
I agree with everything Mr. Grossfeld says--especially his closing question: Why are you allowing yourself to get between your elderly dad and your brother? That is a lose-lose situation for you.
Bottom line: The house belongs to your dad. Your brother may want to continue living in your dad's house, but it is very unlikely that any Florida court would tell you dad to give his house away--to anyone. And regardless of everything gone before, IMO your dad does not need to be a defendant; he needs much love and attention from you--especially after losing his wife just a few weeks ago. You are in a big bind here; but one thing is certain: Your brother will survive (he always has so far); and your brother will live much longer than your dad. Help your dad first.
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