Selfish Family

[owners_rights]

What is the name of your state? New York

Hello- I need some help. My grandmother passed away in 1989 and my father and his siblings have been raised in that home. Three of the siblings have moved out and one of the three have passed away. My father and one brother lived in the home since 1990. My father pays the taxes, electricity, water, oil etc. every bill is in his name except for the deed. My father wants to sell the house because it is no longer liveable. He and his brother were offered $300,000 and now the other two siblings who abandoned the home 16 yrs ago, wants their share of the money. Since the deed is in my grandmother's name, can my father sell the house w/o his siblings permission? Your advice is vital...thank you in advance

 

[BelizeBreeze]

What is the name of your state? New York

Hello- I need some help. My grandmother passed away in 1989 and my father and his siblings have been raised in that home. Three of the siblings have moved out and one of the three have passed away. My father and one brother lived in the home since 1990. My father pays the taxes, electricity, water, oil etc. every bill is in his name except for the deed. My father wants to sell the house because it is no longer liveable. He and his brother were offered $300,000 and now the other two siblings who abandoned the home 16 yrs ago, wants their share of the money. Since the deed is in my grandmother's name, can my father sell the house w/o his siblings permission? Your advice is vital...thank you in advance

you forgot a few heirs in this scenario so the strict answer to your question is NO.

 

[owners_rights]

you forgot a few heirs in this scenario so the strict answer to your question is NO.

Eventhough the two siblings abandoned the house and have not paid anything towards the house?

 

[BelizeBreeze]

Eventhough the two siblings abandoned the house and have not paid anything towards the house?

Eventhough the two siblings abandoned the house and have not paid anything towards the house. As well as those you forgot about.

 

[owners_rights]

There were 5 children...my father, three brothers and one sister. One brother passed away, another brother lives with my father in the house and the other brother and sister moved out 16 yrs ago. They claimed that didn't care about thew house until they heard it through the grapvine that an offer was made on the house.

 

[BelizeBreeze]

There were 5 children...my father, three brothers and one sister. One brother passed away, another brother lives with my father in the house and the other brother and sister moved out 16 yrs ago. They claimed that didn't care about thew house until they heard it through the grapvine that an offer was made on the house.

Now read that again and come back and answer your own question.

 

[owners_rights]

Are you trying to confuse me? in your earlier post, you made it seem as though I left out other siblings. My father and one bother lives in the house together, one brother passed away and the other two siblings want a part of whatever the house will sell for. My question is WHY should they deserve anything when they did not show any concern for that house for more than 16 yrs?

 

[CAowner]

I notice that you said that the deed is still in your grandmother's name. Did the property not go through probate in 1989? Did your grandmother have a will?

 

[BelizeBreeze]

Are you trying to confuse me? in your earlier post, you made it seem as though I left out other siblings.

Wrong. I SAID you left out other heirs.

My father and one bother lives in the house together, one brother passed away and the other two siblings want a part of whatever the house will sell for.

And all of that is correct but you seem to forget that one brother who passed away. Dying does NOT preclude the heirs of the deceased from the estate.

My question is WHY should they deserve anything when they did not show any concern for that house for more than 16 yrs?

because they are heirs defined by statute NOT by you or anyone else.

 

[owners_rights]

Well I certainly appreciate your help. I am 17 yrs old and my father does not seem to be bothered by this but he has been used by his siblings practically all of his life. Just wanted some legal advice.

Thanks alot

 

[wdlsguy]

My father pays the taxes, electricity, water, oil etc.

IANAL, but he may (should?) be able to recapture the taxes he paid on behalf of his siblings.

every bill is in his name except for the deed.

What is the reason for the delay on changing the deed?

 

[BelizeBreeze]

IANAL, but he may (should?) be able to recapture the taxes he paid on behalf of his siblings.

And that may or may not be true. OR the court will tell him that he lived there rent-free and donated the expenses in lieu of rent.

What is the reason for the delay on changing the deed?

Well, maybe because he CAN'T ....legally.

 

[PghREA]

Well I certainly appreciate your help. I am 17 yrs old and my father does not seem to be bothered by this but he has been used by his siblings practically all of his life. Just wanted some legal advice.

Thanks alot

The deed is still in the Grandmother's name. This should have been taken care of back in 1989 when she passed away. All of her assets should have been disposed of at that time.

If she left the home to the 5 children, then all 5 children have 1/5 share in the home. It does not matter who pays the taxes, expenses and maintenance of the home.

The deed issue needs to be corrected before anything can be done. The family isn't selfish, they are just stupid!

 

[pojo2]

In conclusion you need to hire an Atty before someone else does something they THINK they have the right to do like not probating the estate 17 years ago!

 

[John Se]

not selfish, they are entitled to their portion

they are entitled to their portion of the estate. and the dead brothers heirs now have a piece of the action. Needs to go through probate now, that will settle all claims legally. Or, Just try and sell it, see how far it gets with a title insurance company!!! Lots of Luck