Ask Experts Questions for FREE Help !
Ask
    windyday65's Avatar
    windyday65 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 31, 2012, 05:15 AM
    Step father dies/ mom lives no name on deed
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a 16 year old girl get emancipated if she lives with a perverted step father [ 5 Answers ]

My girlfriend is turning 16 as of today she lives with her step father her mother is a drug addict and is not around and her real father is not around either. Her step father is a pervert trying to get her to promise sexual activities with him since she was 14 she is now 16 me and her had a...

My mother has alzheimers and she lives with my step father, can I take my mother away [ 2 Answers ]

My mother has Alzheimers and lives with my Step Father, He is 87 and growing frailer by the day, He can no longer take care of Her. He refuses to go into assisted living or to let Her go. Do I have the right to go in and force the issue for both of them or just take my Mother?

My father and I are on the deed. If he dies does the property go to me? [ 4 Answers ]

The mortgage is in my father's name but both of our names are on the deed. If he dies will I have a problem with the mortgage company if I wanted to sell the property? Is it possible to have my name added to the mortgage?

Claiming a grandchild that lives with you or does father that lives elsewhere? [ 6 Answers ]

My 18 year old daughter lives with me full time, is full time high school student, has had a baby 12/5/07 and the baby also lives with me. I do claim my daughter as a dependent. The baby is covered by his fathers insurance. Who claims the baby as a dependent on their taxes, the father or myself?


View more questions Search