Q: Hello, I want to know what my real estate and trustee rights are (I think?) for a family matter. Any help is appreciated
My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains. However, my mom passed so now it's just my grandmother on everything (since my father hasn't probated my mother's will in the almost 3 years she's been deceased). My grandmother and I have an equity loan on the home of $130,000 through Sunmark, but that's the only involvement I have on the house itself.
Since my mother has passed, my father has been making serious threats (involving violence), acting extremely aggressively, and causing emotional damage - to the extent my primary care suggested I (and my grandmother) get an order of protection. He threatens to take the house & that he has more rights to it than we do. Is this true?
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A:
I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the estate, but that doesn't automatically grant him ownership of the house.
As your grandmother is the only one on the deed, she currently holds legal ownership. However, until your mother’s estate is probated, the distribution of her assets, including any potential claim your father might have, remains unresolved.
Considering the threats and emotional distress, seeking an order of protection, as your primary care suggested, may be wise. I recommend consulting with an attorney who specializes in probate and real estate law and guardianship to clarify your rights and assist with the probate process to resolve the property issues.
Steven Warren Smollens agrees with this answer
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