Can my family claim ownership of a home I've inherited?

Homeseller Forum
1

My dad owned a house in Brooklyn, NY, which he rented to his uncle. He passed away 20 years ago, and my mom never pursued the house because she felt it would be morally wrong to take it from the family living there.

I’ve been paying property taxes and other expenses, and I want to know if I still have legal rights to the home or if it’s too late to claim ownership. The house still lists my dad as the owner, and there’s no recent sale record. I’d be willing to buy a new home for my uncle if I sell, but I’m confused about how to proceed. Any advice?

2

Have you been paying the property taxes and upkeep, or has your uncle? That might play a role in this.

3

Larkin said:
Have you been paying the property taxes and upkeep, or has your uncle? That might play a role in this.

Yes, I’ve been paying for taxes and maintenance. Not sure if that helps or complicates things.

4

This is a legal issue more than anything. You should definitely talk to a real estate attorney who understands estate law. If the house still lists your dad as the owner, it sounds like his estate was never settled. Get a consultation ASAP.

5

It might be tricky. Adverse possession laws could be a factor here since they’ve been there for over 20 years. An attorney can clarify whether you have a legitimate claim.

6

Who has been listed on the property tax bill as the owner? That could give some clarity. You can check this online in NYC.

7

In New York, adverse possession is stricter than in other states, so it’s not impossible for you to make a claim. But you’d need a lawyer to navigate it. If your uncle has been paying the taxes, though, that could strengthen his side.

8

Even if you have a claim, evicting family members who have been living there for 25 years could be emotionally and legally challenging. Be prepared for that process if you decide to move forward.

9

Finnian said:
Even if you have a claim, evicting family members who have been living there for 25 years could be emotionally and legally challenging. Be prepared for that process if you decide to move forward.

Yeah, I’m aware of how sensitive this situation is. I want to do what’s fair, even if that means finding them a new place.

10

Check with an estate planning attorney. They might recommend a probate to clear up your dad’s estate. Adverse possession wouldn’t apply if your uncle has been paying rent or if they had permission to live there.

11

Sounds like a tough situation. If you really want to keep the house, maybe you can negotiate a deal where they receive part of the proceeds after selling, so it’s fair for everyone.