ADDITIONAL INFORMATION:

I am 1/4 owner of a property in Nh, my mother passed without a will so interstate succession applied and her 1/2 is Split between my brother and I. My aunt is the other 1/2 owner. She changed the name on the Deed to the house to only hers. She may have claimed she was the only living defendant left, even tho that’s not true. Just wondering if that is legal?

ANSWER BY MARGARET CROSS-BELIVEAU:

You would need to see the original deed to determine how your mother owned the property with your aunt.  If you aunt was already on the deed as a joint tenant, then  upon your mother’s death the house automatically passed to her. If she was listed as a tenant in common your mother’s interest would have had to been probated to transfer the title.  You can check with the probate court for the county of your mother’s residence to find if a probate was opened for her.  You should have been notified if it was.  If your aunt lied to the court, then you need to retain an attorney.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.