QUESTION
What happens when some dies without a will and leaves a house?
Asked on Jan 23rd, 2013 on Wills and Probate - New York
More details to this question:
Their is a will but it is just has 3 wittiness it was not done by an attorney. An unmarried mother has died and left a house for her 2 children. How does the children transfer the house into their names or ownership? Or how can at least one of the children assume legal ownership of the house. what should be done next?
1 ANSWER
For a will to be valid in New York it does not have to be prepared by an attorney. So long as it was executed by one with capacity and witnessed by two individuals it should be admissible in probate court. At this point someone needs to present this will to probate court. If the beneficaries are minors the court will appoint guardians to represent them. Once the will is admitted, an executor will be named. He/she can then go about the business of disposing of the assets according to the testators wishes.
Answered on Jan 27th, 2013 at 7:43 AM