Do I Have Rights?

I moved into this house with my mother when I was about 6 or 7 years old. The man who would become my stepfather was not in our lives yet. My mother married him a few years later. They moved out of state in 1994. I decided to stay here until I was ready to move there with them except I wanted my own place. It was agreed I would get the utilities put in my name and take care of any repairs that came up. This agreement worked out fine until the death of my mother. My mother died very unexpectedly at the age of 49 in December 2001 and unfortunately, she did not have a will. My stepfather has been saying he would sign the house over to me since she died but hasn't done it yet and I don't believe he will. If he was going to, he would've done it by now. Me and my stepfather haven't had the best relationship because of some things I witnessed growing up around him. I've also seen how he treats his own kids and have no reason to believe he would treat me much better. That is why I'm writing to the forum. I have had necessary repairs done to this house such as: a new hot water heater and roof repairs. I also had a new wall put on the side of the house because there was water leaking in through the cracks in the bricks. I've also paid the real estate taxes on the house since they moved away. I find it very difficult to believe that I don't have rights in this situation. I have lived in the house practically all of my life. He wasn't even around when my mother bought this house. I've heard different opinions from other people about how I should handle my situation. I feel it's time I took an active roll in doing just that. I'm trying to find out if I have any rights if he tried to kick me out of here. If that were to happen, that would leave me a very bad financial situation. Do I have any rights? What are they? Can someone point me in the right direction? I have no idea where to start. Any help would be greatly appreciated.

First, how much do you approximately pay yearly in taxes and upkeep? Are you also paying rent?

I was paying rent in the beginning but then I stopped. The taxes are about $350.00/yr but in the beginning, they were behind. I paid them until they were current.

As far as the upkeep, I get things fixed as they come up. I'm not doing anything cosmetic because of the situation. I don't want to spend anymore then I have to under the circumstances.

A few questions from my end:

1. Do you own or rent your home? If you own the home, is there a mortgage of any kind?
2. On a monthly basis, how much do you contribute to your home's upkeep, on average?
3. On a monthly basis, how much does your stepfather contribute to your home's upkeep, on average?
4. For how many years: a., did your mother pay all housing expenses; b., did you pay for your housing expenses; c., did your mother and stepfather, as marital union, pay for your housing expenses?
5. Did you at any point pay rent to your mother, stepfather, or both?

In general, if titleship of the property was in your mother's name (assuming this was an owned, not rented property), the property became part of the marital assets between your mother and your stepfather. When your mother passed away, this asset --- as well as any others which may have been hers --- most likely reverted to your stepfather since in absence of a will, the marital assets usually revert to the surviving partner.

The scenario becomes particularly interesting if this is a rental property. Although titleship on the rental was originally in your mother and stepfather's names (and now is exclusively in your stepfather's name), it is important to remember that landlords are generally free to manage the occupants of their property as they see fit. Thus depending on how close you feel with your landlord (assuming, once again, that this is a rental), you could ask your landlord to "evict" your stepfather and give you titleship to the rental.

Nonetheless, even if you are dealing with a rental, do your best to point out the kind of expenses you incurred over the years in both municipal taxes and other maintenance. This will go far in arbitration, if that is the route you choose. However, I personally sense that you may be lucky if you try being more assertive with your stepfather first. Though I am hardly one to fathom your family circumstances, something in your post caught my eye:

Try arranging a sit down with your stepfather; explain to him how, given your mother's passing, you would feel more comfortable having such a piece of family history placed in your name. There is not a lawyer or judge in the world who can possibly act as a substitute for describing how you truly feel and what is truly important to you!

Finally, as a parting note, your situation goes to demonstrate the importance of having a will in place, even for someone of your young age! Whatever you draw-up, just make sure there is something. You can certainly go through an attorney but if you'd prefer a more economical approach, there are many reputable do-it-yourself kits on the market for this sort of thing. You can also change your will at a later time, if you so choose. Granted, wills bring up dreary thoughts --- but when the unforseen happens, they provide a sense of security about what comes next. When all of this with your house is behind you, make getting a will for yourself a top priority!

Brad

1. There is no mortgage. I never paid any of the mortgage. It was paid off before they left. I don't own or rent it. I stayed here until I was ready to move, which due to my mother's passing, I don't know when that will be. 2. I didn't need to have anything fixed on a monthly basis. So, I'm not sure how to answer that question you asked. I fixed things as necessary. 3. My stepfather has not put any money into this house since they've been gone. I've taken care of everything. 4. When they were living here, they both paid for all housing expenses. After they left, I took over everything. 5. I did pay rent to my mother for about 1 year but then my mother said I didn't have to do it anymore. As long as I took care of the other things, it was okay.

So if the assets reverted to my stepfather in the absence of a will, does that mean he could kick me out of here and there is nothing I could do about? My stepfather is not an easy person to talk to. He believes the worst of everybody, even somebody like me that doesn't and has never caused him any problems. I'm not sure why he's doing this to me now. I have no idea. The only thing I can think of is maybe he wants to sell the house for himself. He can sometimes be all about the money. If there is anything I can do to be proactive instead of reactive, I would like to know. Also, if it did come to him trying to make me leave, I would like to know if he could do that.