QUESTION
Do my stepsiblings have a right to my moms house?
Asked on Mar 13th, 2013 on Estate Litigation - New York
More details to this question:
My mom & stepfather divorced 40 yrs ago.His name was left on the house as well as hers in the divorce.She has paid all taxes & mortgage ever since. In the divorce it stipulates that she will occupy the house. Stepfather died & left no will. Stepsiblings are threatening to throw my mom out and take the house.How can my mom protect her house ?
1 ANSWER
1 Award
If no one did, file to be the estate administrator of your stepfather. If his kids did so, your mom needs to appear in that estate, and assert a claim. The divorce decree will govern this, and it sounds as if your mom did not get the best deal there. She needs to be proactive. If the facts are bad, she could ultimately be forced to buy out the other half owner (the estate) or move out and get half the sale proceeds.
Answered on Mar 24th, 2013 at 9:36 AM