Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 10 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 minutes by:
10/4/2017
Estate Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,064
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

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
23 years after she died
yes
no
Customer reply replied 10 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 10 months ago
i have no more money too give please answer.
Estate Lawyer: Barrister, Attorney replied 10 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

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
do i have to go to probate?
Customer reply replied 10 months ago
my mother gave permission we where here before my mother died.
Estate Lawyer: Barrister, Attorney replied 10 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

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 10 months ago

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

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 10 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

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,064
43,064 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

43,064 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Live in Brooklyn NY. I live in my mother's house who died
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… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
My Brother and sister-in-law were married for over 25 years
My Brother and sister-in-law were married for over 25 years and lived in her Mom's house all that time, even after the Mom passed in the 80's. There was NO WILL from the MOM.passed away 2 years and my… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,064 satisfied customers
My father-in-law passed away in January. My ex-husband went
My father-in-law passed away in January. My ex-husband went to the records division at the court...there is no record of his death. Is there a specific amount of time legally required to file a death … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
I have 6 siblings, in 2006 my mom and one of my brothers
I have 6 siblings, in 2006 my mom and one of my brothers purchased 20 acres of land that we are still paying for. My mom died in 2008 and me and another brother started helping my brother with the pay… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
If someone passes away who is a co- owner of a home and the
if someone passes away who is a co- owner of a home and the other co-owner tries to kick them out after they have lived there for years. the home is paid off can they fight for the house as well with … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How do I get a Medicaid lien removed from my house? My
How do I get a Medicaid lien removed from my house? My mother died recently and the house we owned as tenants in common with right of survivor has a large lien on it, The house is paid off otherwise, … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
my mother entered into a joint tenancy with my brother. She
my mother entered into a joint tenancy with my brother. She died 2 years ago. he says now that she passed the house is his and his name is XXXXX XXXXX deed not mine. but the deed just states "joint te… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
I live wirh my mom who has the the beginning stages of altzheimers
I live wirh my mom who has the the beginning stages of altzheimers disease since 2008, The house is in my mom and my sisters name. I live in Brooklyn, NY. I was served a Notice of Termination of Licen… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My mother before she died said she set up a living trust or
My mother before she died said she set up a living trust or living will supposedly stating when she passes that her husband shall continue to live in the house until his death.but after 1 year of her … read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My mother died a few years ago. There was no will, and 3 children
My mother died a few years ago. There was no will, and 3 children - 2 living. 1 missing. The estate has not been settled. The child of my deceased sibling is threathen to move in the home that I have … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My mom passed away in January of 2010. my brother has been
My mom passed away in January of 2010. my brother has been living there all this time and he didn't pay the property taxes (in Houston, Tx)this year. what do my brothers and sister need to do to get t… read more
Expert
Expert
MY MOTHER HAS A DEED TO PROPERTY, THAT HAS HER NAME, HER DEAD
MY MOTHER HAS A DEED TO PROPERTY, THAT HAS HER NAME, HER DEAD HUSBAND, HER DEAD BROTHER, AND HIS DEAD WIFE ON IT. IS THERE A SIMPLE WAY TO REMOVE THESE DEAD PEOPLES NAMES OFF THE DEED, WE LIVE IN MARY… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Can the mother of a child who live abroad (cannot get a visa
Can the mother of a child who live abroad (cannot get a visa to USA) whose father died (father of the child) in a construction accident appoint someone in the US as administrator of the estate to star… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My parents own a home in Alabama. One parent has died. The
My parents own a home in Alabama. One parent has died. The other is still alive and had his mother name on the deed. She has been dead for more than 60 years. He now wants to get the home out of heir … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
The beneficiary has rejected the property and I have been paying
The beneficiary has rejected the property and I have been paying taxes and expenses continuously for 21 years. What is the procedure to obtain title to the property in the state of California?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Sister died no will, 1sister, 3 brothers, signed petition to
Sister died no will, 1sister, 3 brothers, signed petition to make me administrarter, also signed renunciation of intrest on land dead sister had. Also had dead brother's 3 girls signed above forms. No… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Owner has two sons. Mother and one son on deed. Mother
Owner has two sons. Mother and one son on deed. Mother dies which left home to the one son on deed. The son on deed is now dying, and tells the other brother who has lived in the house with him, since… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My Mothers parents resided in California. They were divorced
My Mothers parents resided in California. They were divorced and remarried late in life moving their new spouses into their homes that they owned. Both of my Grandparents have passed away.. Their spou… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x