What can we do if my grandparents have placed their house in their Will but my family was supposed to have gotten it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can we do if my grandparents have placed their house in their Will but my family was supposed to have gotten it?

The property is legally owned by my grandparents. However my father has been making the payments for the most of the mortgages over 10+ years. Originally the house also had 3 other siblings,;1 that had 1/3 interest. My father bought out his share according to the property value at the time, but there was no written agreement. Today my grandmother has Alzheimer’s and my grandfather is in the last stages of cancer. My uncle convinced them to write the Will to include the house be left to them. What can we do to savage this house that rightfully belongs to us?

Asked on May 1, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your circumstances.  Agreements regarding real property MUST be in writing to be valid.  So there are a whole lot of issues here that need to be addressed.  First, the buy out of the other sibling, You can not buy something from someone that they do not own.  His sibling had no ownership interest in the property at the time of the transaction.  He bought a future interest but there was no guarantee that there would be a future interest.  As for the Will, it sounds as if your uncle is using the fragile conditions of your grandparents here to unduly influence them.  And as for the oral bequest to your Father, well, that is not valid either.  Please go an see an attorney as to what can be done here.  At the very least there is a claim against the estate for the monies paid out already.  Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption