My brother and sister are in my mothers will. We will inherit half the house along with my uncle, my mothers brother. My brother lives in another state. My sister is here in NY. I have been living in the house for the past 30 years along with my mom and uncle. Mom is downstairs. My uncle and me share the upstairs apt. The house is two family.

My brother has made it clear that he will move to sell the house with or without our consent. My uncle has the same intention. The result is having me evicted in the process.
I pay towards the house, insurance, taxes, etc. What can I do to prevent these two family members from just going over my head and selling the house?
My uncle is not on the deed, but named in the will.

First who is on the deed and how it is deeded makes a large difference if the uncle even has a say on the house.

But you can get a loan and buy out the other family if you want to keep the home.

They can't sell the house 'out from under you' if it is stipulated in the will that you all inherit a portion of it. If they want to sell they have to buy out the other portions. A signed will is the law. They have to adhere to it.

My mother is on the deed

I saw a judge Judy episode where 3 siblings were contesting their mothers belongings. Her wishes were that all three children would agree to sell the house, but only if all were in agreement. Two of the three took the younger siblking to court and won a judgement to sell the house equally.

If you wish to keep the home, upon your mother's passing, you can place the will in the hands of the probate court. The probate court will then make the decision as to sell or not. This is a very long and drawn out process and can give you 5 or more years in the house after your mother passes.

If you are named in the will, then probate court would be your best answer.

I saw a judge Judy episode where 3 siblings were contesting their mothers belongings. Her wishes were that all three children would agree to sell the house, but only if all were in agreement. Two of the three took the younger siblking to court and won a judgement to sell the house equally.



This goes by State, not necessarily correct in this case.

I also would like to know if you are of full age, an adult, not a minor - that could also be important.

What really matters here is what does your mother want?

She can dictate in her will EXACTLY what she wants to happen with the house.

Have her indicate in the will, that if anyone wants to sell the house, they FIRST have to buy the shares from the other parties. She could even state that it is her wish that you are able to live there, and stay there, until such time as you no longer wanted to.

This way, even if the other two decide to sell, you must be paid for your share BEFORE the house is sold, and unless they have that kind of money, I think you would be safe.

Are you prepared for the family unrest that things like this can cause?

It could really get ugly, now, if she tries to make changes to the will, or later, when the brother/uncle tries to make living there so miserable, you would look forward to living somewhere else.

I am 43

I am 43



I was thinking in terms of law guardian, but, no you certainly don't need one!:D

Progunr has said it all - have your mother talk to a qualified Attorney, decide exactly how she wants things handled upon her death and go from there.

(Again - couldn't greenie and answer)