• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Survivor on deed, questions by siblings 7 years after probate.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

Gemini399

Guest
In 1988, two years prior to my mother's death, she and my father amended the deed to their house to include me with rights of saturvivorship. They were contemplating renovations and since I already had a home (purchased in 1982) and had a good job with solid work history, they deemed that I would be the one to help with renovation and to be responsible for the house in the event of their death. My father died four years after my mom in 1994.

There was no will, first-born child retained an attorney and became administrator of his estate; house was not part of probate. Besides my father, house was occupied for the past 25+ years by my sister (second born) and her two adult children. The rent they were paying was far below market.

In November, I advised my sister who lives in the house that I would require that she vacate the property at end of June 2002 in order to make extensive renovation; I could be specific about duration or final configuration of the house since it was not known at that time. Immediately after, her daughter called and stated that 7 months is not enough time for them to relocate and pressured me to state whether they could occupy same space they now have; I cound not. Her tone was angry and abusive and she accused me of acquiring the property due to a 'legal loophole".

Two weeks later on Decembe 23rd, I received a letter from their attorney advising that there were questions regarding the deed and all question regarding rent should be sent to his attention; they have not paid rent for November, December, or January.

I have retained an attorney, and an eviction notice will be served very shortly. My question is since I was co-owner on the deed with rights of suriviorship, should house have been included in probate 7 years ago?
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top