QUESTION
What can be done if my father passed with two homes and the step mother got both?
Asked on Oct 21st, 2014 on Estate Planning - New York
More details to this question:
This one seems a little tricky. My mother passed away 14 years ago leaving her half of the family home in a signed will. My father never changed the deed, remarried, built another home and kept our childhood home. He recently passed away and his wife is trying to sell the family home because he never had his will signed. In the will he did state that the first home (my childhood home with mother) goes to me and my sister but again the will was never signed. Now she gets the home my father and her built (which is fine) but is she really entitled to my childhood home? And doesn't my mother’s will from 14 years ago hold any merit? At minimum don't my sister and I own half the home?
2 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You should talk to a local probate attorney. Your father's unsigned will is not effective. Your mother's will may make a difference, but what does it say? If it leaves the house to your father, then her will does not help you. You need to find out whether her will leaves the property to you and your sister. Also, be aware that if the property was deeded to your mother as "joint tenants", then it would automatically go to the other joint tenant when she died. In that case, her will does not affect who gets the property.?
Answered on Oct 23rd, 2014 at 2:17 PM
Real Estate Attorney serving Garden City, NY
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Law Offices of Hein, Waters and Klein
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I can't answer your question without knowing exactly what your Mother's Will said and if it was Probated in the Court.
Answered on Oct 23rd, 2014 at 12:59 PM