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

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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 12 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.


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