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Am I entitled to half of my Mother's home after my sister sells it?

Brooklyn, NY |

My Mother who was physically ill and had dementia sold her home in 2006 to live with my sister the profits from this were used to purchase a home in my Mom's name and paid for in full. She lived there and so did I caring for my Mother till her death in 2010. After my Mother passed my sister informed me that my Mom signed the house over to her which surprised me knowing in full well if she were in her right mind she never would have left me out. There is a will that my late Father and Mother set up leaving all their worldly possessions including their home to their surviving children which are my sister and I. She is now actively trying to sell home that my Mother left to her. Am I entitled to anything after this sale? Thank you for your advise.

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Attorney answers 5


The precise answer you desire is not possible on the basis of the information disclosed. An attorney would investigate the state of the title and the deed your sister claims gave it all to her, and you should retain those services before any more time passes.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.


If you believe that your mother was not competent when the deed was signed then you need to hire an attorney as soon as possible to review your situation. Since your mom died three years ago you may run into a problem due to the Statute of Limitations. Therefore consult with a local probate attorney as soon as possible.

Good Luck.

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I agree with Attorneys Sinclair and Smolinsky. There is not enough information provided here, but one thing is for sure: you need to retain counsel as soon as possible to review this matter and protect your interests in this matter. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


The only think I would add is that you need to deal with this now, not after the sale. You have to probate your mother's will and assert the house belongs to the estate. Dont delay any longer. 3 years is already too long.

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Absent taking immediate action, you are entitled to nothing based on your stated fact that house deed is in sister's name. Hire a probate attorney ASAP to see whatyou can do. You do not mention anything about the will being probated? What happened here?

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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