Legal Question in Real Estate Law in New York

Trying to clear title for my 90 year old mother in NY. Her ex husband(my father). Had a common law marriage in TEXAS.

His WILL left common law wife his 1/2 of the NY house. He Died first, 2003 in TX. Common law wife inherited all his possessions. Then she died. 2015.

I have his death certificate and WILL. I am current looking for proof of death of common law wife and wrote

to State of TX. Waiting for reply on what to do, get forms, etc. Am I working in the right direction?


Asked on 5/07/16, 11:09 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

1. Her will must go to probate in the County she was domiciled on death.

2. Her Texas marriage will need to be proven.

I suggest you retain counsel. I have an office in NYC, good luck.

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Answered on 5/07/16, 1:46 pm
Walter LeVine Walter D. LeVine, Esq.

Presuming the husband left his share to the common-law wife, you also need to check the situation of her estate, including who inherited what through her Will. There may be others who have inherited ownership interests in the property with whom you need to deal.

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Answered on 5/07/16, 1:53 pm


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