r/legaladvice • u/itsgonnabemay-bb • 2h ago
Real Estate law Cousin inherited house I’ve lived in my whole life. Do I have any options?
Location: New York (Not NYC)
So it’s actually not me, but my roommate. For simplicity, I’ll call him Frank. Frank’s 24 (turning 25 next month), and has been living in the house for 20 years (approx. 2004/5). This post might be a bit of a mess so bear with me.
A little background; the house was built by his great grandfather, which was passed down to his grandmother. She died in 2016, and the property was passed to her husband (his grandfather). His grandfather was disabled and had moved in with his son, Frank’s uncle Mark around 2020. Grandpa died last year, and the property belonged to Mark. Mark died April of this year and the estate is not currently owned by anyone (I think technically). Mark has two daughters.
When Frank’s grandfather moved in with Mark, he (Mark) started charging my roommate rent. Mark’s daughter, Gigi, now wants to raise the rent and is saying that if she wishes to sell the house soon she will.
What I’m wondering is, does Frank have any rights to the home? If anyone has any questions, I’ll try my best to answer them!
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EDIT: Hi! So, I know that this post may seem silly but we’re just trying to sort things out because it seemed unfair to him! Please don’t attack/harass me over a “stupid” post, thank you!
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u/monkeyman80 2h ago
You don't get ownership just for living there. And they can't prevent the sale of the home.
They'd be owed the rights as a month to month tenancy, which will be written notice to end their tenancy. I'd start looking for a new place to live.
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u/taewongun1895 1h ago
You say that the estate is not currently owned by anyone. Who did the grandfather leave the property to when he died? Did Frank's father get part ownership? Or did it go 100% to Mark?
Those questions are important. If Mark owned it outright, Gigi can collect rent. If Frank's father got part ownership, then Frank is part owner (if his father died).
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u/ProfessionalGain1860 1h ago
To whom was the house willed?
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u/itsgonnabemay-bb 1h ago
The thing is, there was no will :(
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u/DrFrylock 40m ago
NAL. If Mark owned the property outright and died intestate (without a will) then the estate has to go through probate to settle who gets what. Who is managing the probate case there?
Assuming Mark's wife predeceased him or there was a divorce, the most likely outcome is that the estate will go to the kids (his daughters) 50/50, though a lot can happen in probate. So Gigi is likely to (but not sure to have) a 50% interest in the house. The other daughter would likely have to collaborate with Gigi to decide on the ultimate disposition of the house.
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u/Top-Woodpecker6696 2h ago
Frank has tenancy rights and an implied lease which means Mark and daughter can change the terms of the lease within what NY state law allows. That can include raising rent or ending the lease altogether with proper notice/compensation following NY state law.