Springfield, NH asked in Real Estate Law, Estate Planning and Probate for Maine

Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Probate Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house that survived after her your dad’s death and your stepmom’s death and that survived the (presumed) transfer of title to the house to your stepbrother. Absent that, you may not have any right with respect to the house.

If you are interested in exploring these issues further, my partner, Cecilia Guecia, practices in this area and I am sure she would be happy to discuss your situation with you. Her telephone number is (207) 846-6111 and her email is cguecia@boppguecia.com.

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