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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.

Attorney Answers 5


  1. Best answer

    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.


  2. 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.

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.


  3. 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.


  4. 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.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  5. 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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