Legal Question in Real Estate Law in New York

It depends. Did your Father-in-Law make a will? Was he the sole owner of the house when he passed away? If there is no will and he was the sole owner of the house when he died, then the house would pass by intestate succession. The property of an intestate (i.e. a person who dies without a will) passes depending on who is the next of kin. If a person becomes deceased while not married but having issue (by birth or adoption makes no difference) the property descends to the issue in equal shares. If a child of the decedent has passed away, that person's share descends per stirpes. For example, if your F-i-L had two children, one of whom is dead but has a spouse and two children, then the living child takes half of the estate. The other half is divided with one-third to the spouse and the remainder is divided by the children equally.

Not only the rights, but the liabilities, too. You should obtain insurance both for the property and any liabilities flowing from it.