My mom passed away, but my stepdad left a long time ago. They were separated and my mom just couldn’t afford the divorce. Now that she’s gone, he wants to try and claim the house and kick me (19) and my brother (19) out the house. We’ve been paying the mortgage ever since my mom passed. What can I do? His name is in the house, but my mom was the head. Can my step dad take the house after my mom passed but he abandoned the house over a year ago?
This would depend on how the property was bought and titled between your mother and step dad. If it was a tenancy by the entireties then upon your mother’s death the entire home became the property of your step dad, if it was held by them under some other type of tenancy then that may not necessarily be the case. Evidence that you and your brother have been paying the mortgage and that your step dad abandoned the home over a year ago will also certainly help your cause.