QUESTION

My mother died there is a second will. My cousin has been living in her home. He has taken the first will to the condo board declaring ownership

Asked on Jul 10th, 2021 on Wills and Probate - New York
More details to this question:
I am not the executor of the estate someone else is. What are my rights as her daughter.
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1 ANSWER

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. When a person who owns property dies,  the person living in the property at that time does no automatically inherits the ownership of the home in most cases (there are times when someone can inherit by operation of law, but it is unlikely to be the case with a cousin.) It all depends on how the property is titled, what the Will declares, and intestacy laws if the Will is not admitted to probate. If there are two Wills, the executor of the most recent Will would petition to probate the most recent Will. Upon the issuance of citations to heirs and notice of probate to named beneficary, interested parties, which could include named beneficiaries in a previous Will, could file objections to the Will. If later, the court does not admit the Will to probate, an older Will could be offered for probate and the process would take place again. Although some property passes outside of the probate process (ex: jointly owned property with rights of survivorship; or having a named beneficiary), the most recent will would need to be admitted to probate to determine who inherits the property. So, basically, unless the property is titled jointly with rights of survivorship, the will need to be probated to determine who inherits the property because someone could object to the probate of the Will.  If you need any assistance, a New York Trusts & Estates Attorney could help you
Answered on Jul 11th, 2021 at 5:26 AM

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