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My mother past away 10 years ago, intestate. The 2 who lived in the home then are still living there and have changed nothing.

Buffalo, NY |

I want to get things straightened out and have things divided, equally and legally, what is the first step?

She had no will, there are 11 children. Our father died more than 40 years ago, the house is in mothers name only.

Attorney Answers 3


  1. Did your mother have a will?
    If so-who are beneficiaries?
    If not-is spouse living-how many children?
    We need more information to help you.
    Was anyone else on the deed?
    Most likely-you will need a probate attorney to assist you.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. Whether there was a Will or not, quite a bit of paperwork will be required. You will need to decide whether the value of the house justifies the effort and expense. You definitely need a probate lawyer to help you through this.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  3. It appears by your description that an estate likely needs to be opened. Your next step should be to contact an attorney who regularly handles estates.

    This website has a find-a-lawyer tool that may be helpful. Another place to look for a referral to an attorney is the Erie County Bar Association's Lawyer Referral and Information Service. For more information on the LRIS, follow this link:

    http://www.eriebar.org/displaycommon.cfm?an=1&subarticlenbr=47

    This communication is intended only to provide general information. No attorney-client relationship is created.

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