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Beaution · Mar 2, 2008, 10:40 PM

I was living with my mother and Step father for the past 2 years. My mother died in December 07 and then my Step father died January 08. I have still been living in their house Which was my step fathers before my mother married him they were married 9 years. Now my Step brother and Step sister want to kick me out. They first said I could have till May not they are wanting to give me only two week, when I told them I have family coming from AR to help me, I have hurt my back and that was why my step father moved into his house. NOW my step brother and Step sisters said they are getting a viction notice to have me out. BUT they also have the house sold on March 14th and the NOTICE would make me due out in APRIL . MY one question is If they sell the house on March 14th does that make the KICK OUT NOTICE VOID. Question two being a Step child do I have a right to anything from the sale of the Estate?
Thank you for your help
MBS , Nashville Tennessee

oneguyinohio · Mar 2, 2008, 10:54 PM

It might depend if there was a will, but if not, I think, since your mother died first, that the house was your step-fathers (without any joint property rights) so your step father's heirs would get the house. Most states only recognize blood relatives if there is now will.

JudyKayTee · Mar 3, 2008, 07:51 AM

Originally Posted by Beaution

I was living with my mother and Step father for the past 2 years. My mother died in December 07 and then my Step father died January 08. I have still been living in their house Which was my step fathers before my mother married him they were married 9 years. Now my Step brother and Step sister want to kick me out. They first said I could have till May not they are wanting to give me only two week, when I told them I have family coming from AR to help me, I have hurt my back and that was why my step father moved into his house. NOW my step brother and Step sisters said they are getting a viction notice to have me out. BUT they also have the house sold on March 14th and the NOTICE would make me due out in APRIL . MY one question is If they sell the house on March 14th does that make the KICK OUT NOTICE VOID. Question two being a Step child do I have a right to anything from the sale of the Estate?
Thank you for your help
MBS , Nashville Tennessee

It is their house and if they want you out they can evict you as long as you receive the appropriate notices. No, selling the house would not void the eviction notice. The new owners will have to take possession with you as a tenant.

And, no, you are not a blood relative of your stepfather and are not entitled to anything unless it's covered by Will.

Did your mother make any provisions for you?

LifePaparazzi · Mar 12, 2008, 12:20 AM

Without a will, and your step father having legal cutody of you, prior to his death.. and then only if you are a minor, would you have any rights. So sorry to hear that your own step family would do you that way. Hope things will work out for you.

JudyKayTee · Mar 12, 2008, 05:52 AM

Originally Posted by LifePaparazzi

Without a will, and your step father having legal cutody of you, prior to his death.. and then only if you are a minor, would you have any rights. So sorry to hear that your own step family would do you that way. Hope things will work out for you.

Sorry but you are incorrect - only a Will can entitle a stepchild to inherit. Custody has nothing to do with who can legally inherit down a family line. "Blood" is what matters. Not saying it's fair; just saying that is how it works, at least in NYS.

Fr_Chuck · Mar 12, 2008, 05:59 AM

A step child has no rights since there is no legal relationship between the two. The term "step" is more of a usage term. If there was no adoption, or transfer of any custody though the courts, he has basically no rights except that of what would have been listed in the will.