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Does anyone know about real estate laws?

My half brother, we have the same bio-father feels intitaled to our family home. My bio-father and mother built the house. My bio-father passed away when I was 3 yrs old. The house was then my mothers. My mom then got remarried when I was five. Several years later my mother signed over the deed to the house to my step dad . My mother died five years ago. So the house is my step dads. I moved in with my boys four years ago with my step dad. Now he is in a nursing home. I heard through the grapevine that my half brother has retained a lawyer and feels the house should be his because his father (and my mother) had the house built. My mother and step father were married for 27 years, and lived in this house. If my half brother ever lived in this house after I was born, I dont know about it and I'm 37 years old. My step dad has a will that he had drawn up almost 6 years ago leaving me everything including the house. We live in Mississippi.

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Asked by mamaofwildboys at 9:31 AM on Jun. 25, 2008 in Home & Garden

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Answers (8)
  • I don't know anything about the laws..but I honestly don't believe he would have any rights, especially seeing wills and all that have been drawn up before people pass etc. I just don't see how he could come back and clam it. With that said, it wouldn't hurt you to seek advise from a lawyer... (just in case).

    Answer by SAHMinIL at 9:40 AM on Jun. 25, 2008

  • Wow how nice of you to call him your HALF brother. Get over yourself, he is entitled to that house, hate to tell you. However, considering the circumstances no judge would ever allow it to happen. So relax, but be smart and do seek legal advice. Do you have a job? Start with your Employee Assistance Program at your job, most big companies have them, its free legal advice.

    One last thing, stop calling him your HALF brother, he is your brother.

    Answer by Anonymous at 11:31 AM on Jun. 25, 2008

  • Let me clarify. He IS my half brother. I'm being nice calling him that. He has never been there for me, or my mother. I've seen him twice in the last 10 years. Now that my step dad is dying he has his hand out expecting something. That is crap!

    Answer by mamaofwildboys at 12:08 PM on Jun. 25, 2008

  • To the previous anonymous poster: I believe she was referring to him as her HALF brother just to set the background.

    I have a HALF brother... and he is as much my brother as any brother could be... but when I have to explain a situation such as this I refer to him as my HALF brother.

    So, she, nor I, will "get over ourselves". The fact of the matter is, he IS a HALF brother. That doesn't mean we don't love them. At least not in my case.

    Answer by Anonymous at 12:10 PM on Jun. 25, 2008

  • I've got an sister through an adoption (I was the one adopted) so at times I refer to her as my Dad's daughter, and at time she still call me her step-sister. I take no offense. I've also got 2 half brothers and an half-sister through my bio-dad. To me they are my siblings and they see me the same, but at times we both refer to the fact that we are half-siblings. (After all it's a  fact we have the same bio-Dad, just NOT the same bio-Mom).  I then have 2 step-sisters that I see as sisters, and my kids call Aunt so-and-so, but again when referring to the family dynamics we (I and them) will say step-sister.

    This labels have no barring on how I feel about them or how they feel about me. They help explain our relationship and how we are truly related...which is what the OP was seeking to do, after all peoples responses may have been different if she said my brother, people would have auto assume they had the same bio-Mom AND bio-Dad.


    Answer by SAHMinIL at 12:48 PM on Jun. 25, 2008

  • I'm not a lawyer or anything close BUT....people can will their homes to anyone that they want to. Your mom signed the house over to your step dad. That makes it HIS. HE wants to leave it to you in HIS will, that will make it YOURS and yours alone. However, that probably isn't going to stop your half brother from trying to make trouble for you so that you will feel that you should pay him off to get him out of your hair. Get a lawyer and protect yourself.

    Answer by slw123 at 1:12 PM on Jun. 25, 2008

  • I've worked in property titles. It really doesn't matter what he feels he is entitled to. If the will says it is yours, he's not entitled to a damn thing. Your step father can leave his house to the homeless man down the street if he so wishes. This is not saying he can't get your step-father to change his will. I'd suggest consulting an attorney. And also maybe having a heart to heart with your step father.

    Answer by drowninginboys at 10:34 PM on Jun. 25, 2008

  • Thanks ladies. I did consult an attorney and because the original deed was written with my bio-father and mother as joint tenants, when he died the house was hers to do as she wished. She signed it over to my stepdad. Little background on "half brother", he has never been a part of my life or my step dads. I don't consider my stepdad as "step", he is my father, the man that raised and loved me. My half-brother only has his hand out now, because my stepdad is dying.

    Answer by mamaofwildboys at 9:25 AM on Jun. 26, 2008

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