Legal Question in Wills and Trusts in New York
Mother died without a will
My mother passed away a couple of years ago, she did not have a will. She left behind a house that I lived in with her and my family. I have 2 brothers, one has since passed away. His wife and children are now trying to get me to sell the house. All these years they never showed any interest, I payed off the rest of the mortgage and payed the taxes and a loan my mother had. My husband and I took care of all the general up keep and now I feel very pressured. My other brother wants me to sign a paper making him executor, and is telling a bunch of stuff. I was wondering what my options are and what to do next?
3 Answers from Attorneys
Re: Mother died without a will
Your brothers or their heirs are entitled to two-thirds of the value of the house.
You should be entitled to an offset for 2/3 of the taxes and repairs you made.
Either one of you buys out the other two or the property is sold and the proceeds split.
Re: Mother died without a will
Since your mother died without a Will, all currently living children are entitled to be appointed as Administrator of her estate. This is not a role to which your brother is entitled to be solely appointed, unless you consent. As to the house, upon your mother's demise, intestate (without a Will), all 3 children were entitled to a third of her estate. A brother who subsequently died, has his share go to his natural children, if any, alive at his death. Thus, claims can be made against you by the remaining brother and the children of the deceased brother, for their shares of the estate assets. Offsetting their claims, may be your claim against them for 2/3 of the payment of the mortgage, taxes, insurance, repairs and maintenance. I do not know amounts or values. It might be possible that your claim exceeds the amount of their claim for 2/3 of the value. I recommend that you speak with your brother about both of you becomming co-administrators. Also, I recommend that you have the house appraised, as to its value at your mother's date of death. Also, calculate what you paid over the years for the mortgage, taxes, interest, repairs and maintenance. Finally, you might not be forced to sell the house, but could have to buy-out both brother's interests. The delay in making a claim may be based upon the delay in finding out their rights and the ownership when your mother died. They may have believed she had placed your name on the Deed or did something to give you the house and just recently found out his children had rights.
Re: Mother died without a will
By the laws of intestacy (dieing without a Will) the house is owned 1/3 by each of the three children. Even though you occupied the house since your mother's death you were never the 100% owner.
You have to make arrangements with your siblings or they can force a sale with the proceeds split three ways.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
