Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.
We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.
A: Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the property transfers based on the deed and how it is held. It is likely that some version of probate will be required, on the other hand, if this is your property and in your name and your loan and your social security used for the purchase then that is a different story, these are no doubt issues that need be addressed in probate and or otherwise clarified further.
Bruce Alexander Minnick agrees with this answer
A: Taking your set of facts exactly as presented: If the deed to the house is in your name only you can sell it at anytime, without anyone else's permission. If your step-mother believes she is entitled to the house--or even part of it--she can file a Probate action and contest your claim for 100% ownership rights to the house.
Phillip William Gunthert agrees with this answer
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.