Legal Question in Real Estate Law in New York
When a relitive dies and has land ,but an invalid will
My father and his wife sold there home on a land contract before moving to florida.AAfew years later he passed away.He had a will that was signed by a justice of the peace and it stated his wife got everything.Later the land contract went south and his wife was forces to evict.The tenant decides to buy the home.The lawyer found that the deed was still in my dads name only.My question is if she does not own the land who does.I am his only living relitive.
1 Answer from Attorneys
Re: When a relitive dies and has land ,but an invalid will
Your question is confusing.
But,... if your father's will, is "valid" then the will would be controlling; although you might be able to contest it, as his son.
If the land was never transferred to your father's wife, the will is not valid; he owned the land prior to his marriage and you're his only surviving blood relative, then you may be entitled to the property.
BUT, You should present all of your docs and info to a lawyer for COMPLETE review and evaluation.
Good luck,
Phroska L. McAlister,ESQ
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