Legal Question in Real Estate Law in New York

Re: Will Execution

First you need to find out in whose name the house is deeded in. If the house is deeded to the mother in law, the house would pass through her will, not her father's will.

If the house is deeded in the father, the house would either pass under a will or intestate (without a will and under statute).

Without looking at the will that you speak, I cannot comment on its validity. You can telephone this office to make arrangements to send over a copy of the will. However, you must not tamper with the will in any manner (ie. don't write on the will and don't remove the staples).

Mike.

Re: Will Execution

Not always. It is true that if there is no "affidavit of witnesses" attached that the witnesses would have to attest to it's execution, etc.

However, many times the witnesses are unavailable (dead, moved) and the court has a procedure for that situation. (Handwriting, etc.)

So, try and contact the witnesses and procure an "affidavit of witnesses" and submit with petition.

If they are not available, file the petition and explain to the Court (on the proper form)why the witnesses are unavailable and should be excused, etc.