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Dear Newsweek, I am a 47 year old woman living with my widowed mother and 10 year old son. I have two sisters (45 and 43) who are both married. The middle sister, C, has a house in the suburbs. The younger sister, M, and her husband have an apartment in another suburb. I live with my mom for financial reasons (both hers and mine) and also because she is disabled.

I have spent considerable money, time and effort fixing structural and utility issues with my mother’s house (no power in areas of the house, installing bracing posts to support and raise sagging floor sections). I also started doing some of the upgrades my mom wanted (flooring the porch, installing a pergola, landscaping, updated electrical, painting, light fixtures, etc.).

My mother and C have not been in a relationship for about seven years and my mother has said that C will not get anything after her death. My mother and my sister M have not been in a relationship for the past two years, but M has recently contacted my mother and they are rekindling their relationship. I have no relationship with C or M as there has been bad blood between us.

Stock image of an elderly woman with a cat. “He recently informed me that he supposedly has a will that says the house is to be sold and the proceeds go to a local stray cat facility.”Getty Images:

I assumed the house would become mine after my mother died for the reasons I mentioned. But she recently informed me that she supposedly has a will (I doubt it) that says the house is to be sold and any proceeds (which won’t be due to the condition of the house) will be given to a local stray cat facility. . This would leave me and my son homeless as I cannot afford housing in my area and do not qualify for a mortgage or any government funded housing assistance program.

My mom mentioned that C and M had a plan to get me out of the house (which I know they can’t do since the only person on the deed and mortgage is my mom) and sell the house keeping the profit for themselves (again , which I know they can’t do).

What recourse do I have in the event of my mother’s death if she a) dies with a will that says the house is sold and the proceeds go to this cat shelter, or b) she dies without a will and I I am a registered resident.

Jennifer, New York

Newsweek’s “What should I do?” provides readers with expert advice. If you have a personal dilemma, let us know via life@newsweek.com. We can ask experts for advice on relationships, family, friends, money and work, and your story can be featured on WSID at: Newsweek.

If there is a will, it can be contested

Lara M. Sass is a New York trust and estate attorney.

If your mother dies with the house in her sole name and left a last will and testament that calls for the house to be sold and the proceeds distributed to the cat shelter, you will need to contest the will if you want the house. otherwise transfer, in part, to yourself.

Under New York law, a will can be challenged on the following grounds:

  • Improper execution (the will was not executed properly)
  • Revocation (the will has been revoked by the testator [person who left the will])
  • Incapacity (the testator did not have a will [something appointed by a will] ability to exercise will)
  • Fraud (the testator was induced by fraud in making or executing the will)
  • Undue influence (the testator was subjected to undue influence when making or executing the will)

If you successfully contest the will (and no other valid will is presented) and your mother was not legally married at the time of her death, the entire estate (including the house) will likely be divided equally between you and your siblings. shares whether or not you live in the home and have contributed to its maintenance, upkeep and improvement.

If the will is not successfully challenged and is otherwise deemed valid by the court, the house must be sold and the proceeds, if any, distributed to the cat shelter. You will have no legal right to continue living in the home.

If your mother dies without a will and the home was in her name at the time of her death, the home and the rest of your mother’s estate will be distributed under a state lien. [condition where person dies without a will or other binding declaration in place] the laws.

Under New York’s intestate laws, regardless of whether you live in the home and have contributed to its upkeep, maintenance, and improvement, all of your mother’s property (including the home) will likely be divided between you and your siblings in equal shares. You will not have the right to continue living in the home unless your sisters somehow agree to it or sell their ownership interest to you.

The will is in the hands of the executor

Attorney Mitchell Ashley is the owner of The Ashley Law Firm in New York.

If your mother does not have a will, the house becomes her property after her death. As noted, under New York law, the property in this case would be divided equally among the three siblings. Your sisters probably can’t force you to sell the house, but when you do, they get their share.

If a will exists, it must name the executor (the person who will administer the estate). Under that scenario, the executor can do as the mother wishes. Not leaving the children money and leaving you homeless.

If no executor is named, New York law does not allow the deceased to dictate things. So the three siblings would become co-managers of the estate, and they wouldn’t have to sell the house. But since there is bad blood between you, your two sisters could potentially gang up on you and force the sale. But you will receive a third share of your property after the sale of the house.

If there is an executor named and this person wants to sell the house, the children can fight the will and say that the mother did not have authority when she signed it.

Do you have a similar family dilemma? Let us know via life@newsweek.com. We may ask for advice from experts and your story may be featured Newsweek.

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