Legal Question in Real Estate Law in New York
Estate in question
Both of my parents are deceased and leave behind my sister and myself. My sister resides in the property once owned my our parents and has raised her two children in the home with her husband of whom she is a mist a divorce with, I live in a neighboring town with my family. My question is my parents did not have a will due to their sudden death, now that the home was put up for sale am I due any monies? as is was explained to me by a quite a few people because there was no will my sister should recieve 50% of sale monies (which would be split up between her and her children) the other 50% to be split between myself and my child. Is this a true law or due to the complications of the divorce will be this be null and void?. If someone could get back to me any and all help would be appreciated, thank you.
1 Answer from Attorneys
Re: Estate in question
When parents are deceased, and leave no will, the assets of the estate go to the surviving heirs, which will be you and your sister equally. Your sister's husband, or x-husband receive nothing, nor do anybody's children.