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I have a family friend the parents has a house. The parents…

Customer Question
I have a family...

I have a family friend the parents has a house. The parents put the oldest child on the deed, they have 5 kids. The parents told the kids they will all get a potion of the house. The father got sick and never got a chance to put the rest of the kids name on the house deed. The father passed away. The oldest son took the house and did not even put his siblings on the deed. What to do now ?

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

It is in New York

Lawyer's Assistant: Has any paperwork been filed?

The siblings find out on internet that the brother took the house and sold it to his wife for $10. The siblings are getting a lawyer. Will you be able to offer some great advice. The brother literally stole the house. The mother is still alive she does remember she has a house n she is elderly.

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

The mom memory is not that great. The brother stole the house from sibling n mom n told the whole family f....u.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
1/7/2018
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,538
Experience: 17 years real estate, Realtor. Landlord 26 years
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.

.

Were both parents on the deed to the house or only the father?

.

Did the mother sign off on a deed to put only the son on the deed?

.

Why would they just add the one child when it is incredibly simple to just type 4 more names on a deed?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
1- I don't know if both parents on the deed.
2- I don't know if the mother sign off to only one son on deed.
3- There was a verbal agreement the house will be for all 5 kids.
4- At that time the oldest was the oldest that is why the father put the son. Chinese tradition is to put oldest son first.
Customer reply replied 6 months ago
I really don't know the answe to rest of the questions. Wat I want to know is is their a possibility that the siblings be able to get their portion of the house.
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Ok, that helps clear things up.. If the mother is still living, then if she is on the deed, which may not be the case if the son was able to sell to his wife, then it would be up to her to sue the son under a breach of contract claim and then convince a judge that the son was just added as a convenience to her and husband, but was not intended to become the sole owner, as all children were made aware.

.

If only father was on the deed and signed off, then mother would have to sue and show that the house was bought during the marriage and therefore is half hers. She didn't sign off on anything transferring her marital interest, and also the argument that son was only added as a convenience, and that the deed and subsequent sale should be set aside.

.

But at this point, since mother is still living, the siblings wouldn't have any legal grounds to sue right now.. only mother could do so. Their rights to sue would vest once mother passed and they would go in and make the same arguments..

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Wat is the possiblity of winning having the siblings on the deed?
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

There is absolutely no way I can predict that since I have only minimal information based on what you stated... Maybe it was a mistake... maybe parents did this intentionally... maybe there is a written agreement somewhere that someone has... maybe they just liked the one son the best of all and just told the other siblings a lie...

.

There are too many unknowns here for me to guess at..

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