Poughkeepsie, NY asked in Real Estate Law for New York

Q: What legal/financial right does my sibling have to a home that belongs to my sister and I

Our mom was the original owner of the house and a year before she died, she turned over ownership of the house to my sister and I. Now one of my sibling is demanding we sell the house so he can get his share of the property. My sister and I have live at the property with our mom since the purchase and still reside there. Our mom also did not have a Will drafted.

Related Topics:
1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: If your mother did not own an interest in the house at the time of her passing, there is no interest in the house for your sibling to inherit. If your sibling believes your mother was not competent to transfer her interest in the house to you or it was done improperly, he may commence litigation to set aside the previous transfer to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.