Legal Question in Real Estate Law in New York
Three brothers put on will to inherit parents home upon their death. Father dies first, then one of the brothers die. Two questions:
1. remaining parent wants the home to go only to one brother? Can the mother legally make this change?
2. If the answer to question 1 is no, then does the spouse of the deceased brother have any claim?
2 Answers from Attorneys
Yes, by her new will or adding him to deed.
Did mom and dad each have their own will, or did they have a single joint will? I ask because you specifically use the singular term "will" when referring to the document for two people. Joint wills between husband and wife are unusual, but we still see them from time to time. And, when dad died, was the house re-titled in any way? Could dad's will be interpreted as a contract, or part of a contract, resulting in mutual obligations among various parties? In any event, the answer to you question is that mom can almost certainly change her will, but there are circumstances where this may not achieve the results mom is looking for.
Good luck.
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