Bronx, NY asked in Real Estate Law, Probate and Estate Planning for New York

Q: Im being sued for my house that my parents gave to me in 2009 they had me take over the bills and signed a promissory

note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made removing my dad from the deed October 2018 he passed in 2019 I had a lawsuit against me from my dad kids. my parents did not have a will i have a letter from the doctor stating he was in his right mind. deeds was done by a lawyer they both were notarized 1st by the lawyer and the 2nd by a notary. So my question is are they entitled to anything? Its 3 of them

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

A: These cases turn on the facts. You must answer it and not default. The fact the deeds were done by a lawyer and notarized helps, as long as those people will testify for you. However, you are years away from that issue. For now, you just need to respond. The manner of the response depends on whether you are in Surrogate's Court or Supreme Court, which is unclear from your post.

1 user found this answer helpful

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

A: It sound like everything was done properly by you and your parents. I’m curious what they are arguing. If it is the capacity of your father to execute a deed, they will need to prove that. If you haven’t retained an attorney, you should.

1 user found this answer helpful

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The facts make all the difference. If the transfers were done properly it is unlikely that the other children will get anything. It is very important that you have an attorney to represent you.

1 user found this answer helpful

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