QUESTION
When a parent dies, does the only son and surviving mother inherit property together?
Asked on Mar 29th, 2017 on Real Estate - New York
More details to this question:
My Father, who lived in Maryland and had a rental property in NY, died 9 years ago. It is a two family dwelling. My mother claimed the house he owned in New York City as hers only. Do I, as the only son of my parents, also have a right to partial ownership, through inheritance? I have lived in the house in New York for approximately 20 years and have made capital improvements. (No receipts) My mother is now trying to evict me. There is no lease and I do not pay her rent. What recourse do I have? How do I add my name to the title?
1 ANSWER
1 Award
Your delay in enforcing your rights has definitely hurt you here. In the first instance it depends how the property was held. If your father alone, you are right. You have an interest. However, your rights would have been adjudicated in MD. If your mother lied about there being a child, she might have been able to get more rights there. Also, your rights are not in the title, but the estate. If your mother is administrator there, she can sell the property and give you and her the proceeds. Thus, you need to respond to the eviction here, get a lawyer in MD for the estate there, and bring an ancillary proceeding here. Had you acted 9 years ago, it would have been easier and cheaper.
Answered on Apr 01st, 2017 at 8:07 AM