Buffalo, NY asked in Estate Planning and Probate for New York

Q: is This legal for my dad to keep property and change ownership and then take out loans on houses in my moms sole name?

My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed to these terms.

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3 Lawyer Answers
Giselle Ayala Mateus
Giselle Ayala Mateus
Answered
  • New York, NY
  • Licensed in New York

A: To deal with this you need to start a process in Surrogate's Court. An executor will be appointed and then your mothers property would be distributed according to the law Office cause there is no will.

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

A: A surrogates court action needs to be commenced. You didn't mention if your parents were still married at the time of your mother's death as that will have some impact on the outcome of the case.

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

A: That is not correct. You need to bring a motion in the Surrogate's Court.

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