Do I have rights to stay in a home I paid half the expenses for 30 years, and ALL costs since the 2020 death of my mom?

FightingToStay

New Member
Jurisdiction
New York
I have lived in the same home since 1977, with both my parents' names still listed on the deed. After my father passed away in 1986, my mother and I lived alone in the home since 1989. My sister stopped contributing financially when she moved out that year, leaving me as the sole sibling sharing expenses with my mother for 30 years. I alone cared for my mother in the home, until her death from Alzheimer's in 2020, and since then, I ALONE have continued to pay ALL taxes and related expenses. There were no unpaid debts upon her death, or any valuables for an estate, beyond the home. Without my financial support over those 30 years, my mother would have lost the home. Despite not financially contributing, my siblings now want to sell the house, claiming they are entitled to joint ownership. I do NOT want to leave and don't have the financial means to afford to live elsewhere. Given my 30 years of sole financial support and caregiving, do I have 'domestic partnership' type legal rights to continue living in the home, even though I was never added to the deed? My mom and I were very close and she would never want me to be forced out. In hindsight, we should have changed the deed to protect me but it was not thought of until she was beyond fully mentally sound. A simple notarized 'do it yourself form will' existed since 2008, but it was likely discarded by my mom, as it has not been found. Can I be forced from the home I've lived in since 1977 because greedy siblings want to get a potential 25-30k windfall, even though I am the ONLY reason the home didn't need to be sold decades ago?
 
both my parents' names still listed on the deed. After my father passed away in 1986

Your father died 40 years ago, and his name is still on title? Why?


her death from Alzheimer's in 2020

In the six years since her death, what steps have been taken to administer her estate?


Without my financial support over those 30 years, my mother would have lost the home.

Did you do this in exchange for the promise of some sort of reward? If so, do you have any written evidence of that promise, and is the written evidence signed by your mother? During the time that you lived there, did you pay your mother rent (beyond the "financial support" you described)?


Despite not financially contributing, my siblings now want to sell the house, claiming they are entitled to joint ownership.

They're probably right.


I do NOT want to leave and don't have the financial means to afford to live elsewhere. Given my 30 years of sole financial support

Earlier in your post, you wrote that you were "sharing expenses with my mother." Now you claim "sole financial support." Which is it?

Also, you claim that you've been living in this home by yourself - apparently without paying rent - for the last six years. Despite that, you don't have the means to live elsewhere? How is that possible?


do I have 'domestic partnership' type legal rights to continue living in the home, even though I was never added to the deed?

No.


My mom and I were very close and she would never want me to be forced out.

If that were the case, then she would have expressed that desire in her will or other estate planning documents.


Can I be forced from the home I've lived in since 1977 because greedy siblings want to get a potential 25-30k windfall, even though I am the ONLY reason the home didn't need to be sold decades ago?

I'm going to be honest here. YOU are the one who sounds greedy. If you wanted to be compensated for caring for your mother, then you should have insisted on a contract for that purpose. If you wanted to make sure you received what I assume is your mother's only significant asset after her death, then you should have made sure she engaged in proper estate planning. When folks don't engage in proper estate planning, it often results in unpleasant consequences for their surviving family members.

When an unmarried person dies without a will and is survived by multiple children, the estate gets divided evenly between the children. The probating of your mother's estate should have begun within a few months after her death and ought to be complete by now. Instead, you've apparently been living there rent-free for six years.

I encourage you to figure out a way to buy-out your siblings' interest in the home or convince them to let you stay there until you die. Otherwise, you're likely to see the home sold and the proceeds divided. If you're lucky, your siblings won't think to ask the court to dock your share for the fair-market rent for the last six years.
 
I have lived in the same home since 1977, with both my parents' names still listed on the deed. After my father passed away in 1986, my mother and I lived alone in the home since 1989.

Did your father have a will?

Why was the deed not updated?!

I alone cared for my mother in the home, until her death from Alzheimer's in 2020, and since then, I ALONE have continued to pay ALL taxes and related expenses. There were no unpaid debts upon her death, or any valuables for an estate, beyond the home. Without my financial support over those 30 years, my mother would have lost the home.

However, you have also occupied the house since 2020 without paying rent...

Despite not financially contributing, my siblings now want to sell the house, claiming they are entitled to joint ownership. I do NOT want to leave and don't have the financial means to afford to live elsewhere. Given my 30 years of sole financial support and caregiving, do I have 'domestic partnership' type legal rights to continue living in the home, even though I was never added to the deed?

Your mother did not have a will.
Even if you found the DIY will from 2008, there is a high probability that it would not be considered valid.

According to NY intestate laws, you and your siblings have equal claims upon your mother's estate. Your sibling have the right to pursue a partition action to get their share; you could offer to buy them out at fair market value.
 
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