Legal Question in Real Estate Law in New York
No Will/House
Dear Sir or Madam,
My mother passed away over a year ago and she owned a house. My sister and her husband lived upstairs from my mother. Now my sister and her husband took it upon themselves to rip apart the entire inside of the house and install marble, new furniture, plasma TV�s etc� My Brother and I want them to either pay rent, buy the house or we will all sell the house. My mother has 3 children including my brother, sister, and me. I am afraid that my sister and her husband will make it difficult to settle this situation. Let me also note my mother only made them pay $400 a month for a 3 bedrooms, a dining room, bathroom, kitchen and living room in NY/Long Island/Nice Neighborhood. My sister and her husband have not paid any rent for over a year since my mother passed on although they did pay the taxes for the house. Let me also note they took my mothers precious moments and I think they found money because they bought their daughter a mustang and tons of coach pocketbooks plus all the new furniture etc� I am lost should I find a lawyer or try and work it out with them? My sister wasn�t always kind to my mother and my mother would be ashamed of her behavior. What do I do?
1 Answer from Attorneys
Re: No Will/House
You should obtain a copy of the Deed to the house (county clerk's office) to determine ownership.
If the Deed is only in your mother's name, then pursuant to NYS law, you and your two siblings would have an equal 1/3rd interest in the house.
You can offer the house for sale for FMV to your sister or to the public.
You should definelty seek the advice of counsel in your area. We are located in Nassau County and can offer you a complimentary consultation at your convenience.
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