I am currently living in what was my mother's house with a brother and handicapped sister. My mother had no will. My brother has managed to become the executor of the estate and begun eviction proceedings against me. Is this legal?
If your mother was the sole owner of the house and she had no spouse when she died, you and your siblings became co-owners of the house in equal shares when your mother died. This all depends upon what the deed says. If the house was transferred to your brother before your mother died, he is the owner, and has the right to evict you. The burden would be on you to prove that he used undue influence over her when she made that transfer. Your first step is to get the deed, which is available at the Nassau County Clerk's office (or online database) if the house is in Nassau County. Good luck!
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.