Legal Question in Elder Law in New York

No estate, no will, & no life insurance

My 47-year-old brother died without a will and no life insurance. Survivors are elderly parents, a brother, and me (his sister). His only asset is a house co-owned with his girl friend purchased less than 2 years ago. The mortgage on this house has a survivors clause. Also, there is no pension involved. Since there is no will, no executor had been named. So is it necessary for my parents or I to request the services of a lawyer since there are no assets to consider? I can handle informing creditors and other interested parties that he is now deceased. Please comment.


Asked on 5/22/08, 7:39 am

2 Answers from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: No estate, no will, & no life insurance

It depends on how the deed is written. While you state that the mortgage has a survivor's clause, this does not tell me very much. If the deed had a clause giveing the girlfriend the house in case of death, this would be significant. If the deed containted nothing concerning death, then your brothers estate would be 1/2 of the house.

In that event then a lawyer would be needed.

I would not inform creditors of your involvement in this matter. They will find out by themselves.

Of course, you should notify people who were close to your brother of his death.

If you have any other legal questions, please feel free to contact me.

Read more
Answered on 5/22/08, 10:47 am
Richard Bryan Richard Bryan Attorney PC

Re: No estate, no will, & no life insurance

You need to find out how the house was owned.

You use the term "co-owned," but was the deed "joint with rights of survivorship," or as "tenants in common." It makes a big difference; you've got to find out.

I'm sorry for your loss.

Good luck.

Rick Bryan

New York, NY

Read more
Answered on 5/23/08, 5:58 pm


Related Questions & Answers

More Elder Law questions and answers in New York