Catskill, NY asked in Estate Planning for New York

Q: Can I sue my mother for lying to me about my name on the deed to home in order to get me to move in with her?

My name was added to the deed to family home in 2009, mother has lifetime tenancy. She told me repeatedly that it was my house, even crying in order to get me to move in to remove troublesome family members whom she had allowed to stay in house while she was living with her boyfriend. After moving in ( which cost me my house) I was told that lifetime tenancy meant that she could do whatever she wants and I couldn't evict the substance abusing family member who has harassed and threatened my fiance, myself, my children and my pets for years now. We have had to call the police on a few occasions and they did nothing. What can I do? I do not have the means to move at this time.

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: I don’t think you have sufficient grounds to sue your mother for lying.

When property is deeded to you that reserves a Life Estate, you receive some ownership rights. However, your mother has the right to live there. Since you are on the Deed, the property can’t be sold or transferred without your agreement. You can move away and not have to worry about losing those ownership rights.

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