Log in

View Full Version : Step father dies/ mom lives no name on deed


windyday65
Oct 31, 2012, 05:15 AM
My s-father died in March /12. Now there is no name on the deed to the house my mom still lives there but my s-brother is trying to lay claim to everything. What is - legal here Sure there were problems in the marriage and it seems all copies of the wills prepared have been malipulated , changed , or forged but really no one knows who has the CORRECT copy - When they had problems my s-brother had taken advantage of a sick elder (his father) and took him -supposely to the attorney and had things put in to his advantage - but didn't protect the deed. So my question is - My mom wants to move out of the home but wants to rent it out for extra income - which she needs) but my s-brother says NO that he wants her out so he can sale or rent for his pockets) if she doesn't want to live there does she have to relinquish the house back to him?

AK lawyer
Oct 31, 2012, 06:22 PM
... there is no name on the deed to the house...

I doubt that. At some point someone, perhaps your step father, bought the house and a deed to him as grantee was recorded. So, if nothing has changed since then, his estate would hold title to the house. Your mom, depending on the state or country you are in, may very well have a spousal elective share to some interest in the house, whether there was a valid will.

Has his estate been probated (a petition filed with the court to administer his estate)? In the course of probate the competing wills should be considered, and the court should determine which, if any, is the valid last will.