Capitol Heights, MD asked in Probate for District of Columbia

Q: hello my mom passed in 2007 there was probate court now 11 years later my nephew is living in the house

he put his name on the deed even tho i am pretty sure i an next hier can i get the home back

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Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: Nobody can “put” himself and herself on a deed without the signature of at least one legal owners. It sounds like it is possible that you and your siblings inherited the house as tenants and common and then one of them either deeded his or her share to his or her child or is simply allowing that child to live there. If you are a co-owner you have the right to live there too. If that does not interest you, you could ask the other co-owners to buy you out. If they refuse you can go to court to force a sale. A real estate attorney can help you sort this out.

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