Legal Question in Wills and Trusts in New York
My dad is very sick. He understands things around him but is not able to respond clearly. So I am worried that legal decision making will be rejected by attorneys, social workers, etc. He has also remarried and he has three adult children outside of this marriage. Two own property together but our father's name is still on the deed. My sister is one of the property owners. She has been paying the bills including taxes on the house for the past 3 years. In the result of death does his wife have any rights to this house even if she signed a prenuptial agreement?
2 Answers from Attorneys
Q. In the result of death does his wife have any rights to this house even if she signed a prenuptial agreement?
A. When you say "his wife", I assume you are referring to your father's second wife. Usually the premarital agreement would bind the wife. However, without review of the agreement I am unable to give a proper opinion to your question.
Mike.
I( concur with Mike that without a review of the pre-nuptual any answer might be conjecture. Plus, I have not seen any Will and what it might contain. A quick answer, but not binding, is that if the wife is not on the Deed and the property was owned before the marriage, she would have no claims. Also, it might be necessary to see the Deed involved and how it reads, as this might be a door-opener to a claim. More facts are needed as well as a document review. This is a response to an Internet question and the reply is not intended to be legal advice and/or as creating an attorney-client relationship.
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