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jennydeger · Dec 2, 2011, 11:01 AM

My mother passed away 5 years ago her and I purchased the house together her name is on the title mine is on the deed we have never informed the mortgage company of this. Since then my sister and her family moved in to the back house,my daughter and her husband and my brother and his family also moved in. In October I was throwen out by all of them what can I do legally?

joypulv · Dec 2, 2011, 11:20 AM

Where is this (state)?
Who did your mother name in her will, or didn't she have one?
Was her estate probated?
What is the exact wording on the deed (e.g. tenants in common) as far as owners?
Why did they kick you out and why did you leave (not to be nosy, just to figure out your legal options).

JudyKayTee · Dec 2, 2011, 11:37 AM

If your name is on the Deed you own the house - it might be that you co-owner with your mother, might be that you are the sole owner.

We would need to know the name of the State (or country) and the EXACT wording on the deed where it comes to "owner."

jennydeger · Dec 2, 2011, 11:45 AM

California it was hand written will saying upon the sale of the house my nieces each get 25 % of the profit I get 50% of the her estate was not probated no one knows she's dead except the family we left because my sister , daughter and I got in a verbal alltercation and my sisters husband is violent towards woman and kids

joypulv · Dec 2, 2011, 11:51 AM

Again, what is the wording on the DEED?
You can't dispose of a body yourself when someone dies, so 'someone' other than family knows she's dead.
A handwritten will, never even notarized or given to a lawyer? You might have a tough time, and split the estate with your sibling(s). How many are there?
Who has been paying the mortgage and taxes?

joypulv · Dec 2, 2011, 11:53 AM

If you don't have a copy of the deed, go to town hall; it's on file.

JudyKayTee · Dec 2, 2011, 12:00 PM

Originally Posted by joypulv

Again, what is the wording on the DEED?
You can't dispose of a body yourself when someone dies, so 'someone' other than family knows she's dead.
A handwritten will, never even notarized or given to a lawyer? You might have a tough time, and split the estate with your sibling(s). How many are there?
Who has been paying the mortgage and taxes?

"Joy," you beat me to it! Something doesn't ring true here. There's also the question - IF the mother was collecting Social Security and/or a pension - about who has been collecting those benefits?

This situation requires an Attorney. I think any advice other than that assists someone in possibly circumventing the law.

jennydeger · Dec 2, 2011, 12:15 PM

Not sure of the wording on the deed will need to read it I have 1 brother 1 sister I have been paying the mortgage and taxes she died before any one had power of attorny

joypulv · Dec 2, 2011, 12:17 PM

My mind is reeling too. But we've all heard stories about cashing SS for years...
Heck, I had an ex cash my tax refund one year and it took me forever to find out.

joypulv · Dec 2, 2011, 12:20 PM

Jenny, power of attorney dies with the deceased.
At that moment, someone needs to be appointed executor if there is more than one person who might inherit or want to claim inheritance.
That could be you, so when you go to town hall to look at the deed, if the probate office is in the same place (it might be a county bldg) ask about being executor.
But if any fraud has been committed (such as cashing SS), hire a lawyer first.