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I live in Brooklyn NY. I live in my mother's house who died…

Customer Question
I live in Brooklyn...

I live in Brooklyn NY. I live in my mother's house who died years ago. I pay the taxes and maintain the property. my brother is listed on the deed for survivorship. he abandoned the property and has not declared my mother dead. is this a case for adverse possession? do I need to go to probate? he is threatening to put me out!

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New york

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have lived and maintained the house for 25 years

Submitted: 7 months ago.Category: Estate Law
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Answered in 2 minutes by:
10/4/2017
Estate Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,630
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Can you tell me how long you have been living there after she passed?

,

Did you have brother's permission to do so?

.

Are you also listed on the deed as an owner or survivorship owner?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
23 years after she died
yes
no
Customer reply replied 7 months ago
brother was missing for 20 years. we did not know where he was. when he left he left a 10,000 property tax bill, and 8,000 water bill. which we paid and have been paying since then
Customer reply replied 7 months ago
i have no more money too give please answer.
Estate Lawyer: Barrister, Attorney replied 7 months ago

Ok, that presents a problem because under the definition of adverse possession, your possession has to be "adverse", i.e. hostile...not with permission..

.

If you had permission, that is permissive use, not adverse, and defeats any claim for adverse possession right out of the gate..

.

So to be able to claim adverse possession, you would have to maintain that you didn't have permission and lived there for at least 10 years..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
do i have to go to probate?
Customer reply replied 7 months ago
my mother gave permission we where here before my mother died.
Estate Lawyer: Barrister, Attorney replied 7 months ago

If there was a survivorship deed, then brother instantly became the legal owner when mother passed. So you would be suing brother in civil court under a "Quiet title" lawsuit to claim ownership of the property.

.

And if you only had permission from mother, not brother, then that is fine.... mother's ended when she passed and if brother never explicitly gave you permission, then your possession would be hostile so as to qualify..

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 7 months ago

Did you have any further questions I can help with tonight?

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Category: Estate Law
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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