My father died and i'm the oldest can i get his house or do the companion he lived with for 33 yrs get the house.

Asked almost 2 years ago - Montgomery, NY

oldest or companion 33 yrs

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am sorry for your loss. First alot depends upon a will, if there is no will then then next question is what is the status of the companion and does she have any desire for the home or can she fight for it. check iwth a local attny, it sounds like you are in good shape. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Jeffrey Bruce Gold

    Contributor Level 19

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    Lawyers agree

    Answered . It depends on a number of factors. First is the companion on the deed or has the companion been left a life estate. Then it depends on whether your father left a will. If your father left no will, then you and your siblings can obtain title to the house, and evict the companion if that is your desire. You're going to need to hire an attorney, so you might as well find one now.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . Depends if there is a will or how the deed is worded. Take the deed to an estate lawyer to review. Also, discuss either probate if a will or intestate succession if there is no will with the attorney.

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  4. Maria C. Tebano

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Check the deed to see if the companion was placed on the deed. If they were and they were joint tenancy with right of survivorship, then the companion would get the house. If they were joint tenants, then your father's share would go to his heirs. If they were not on the deed, then the house would pass through his Will to his designated heirs. If there was no Will, then the house would be distributed to the heirs by intestate succession. The fact that you are the oldest means nothing.

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