Legal Question in Wills and Trusts in New York

I'm looking for advice regarding this situation. I live in NY. My neighbor died unexpectedly a few weeks ago. As far as anyone close to her knows, she has no written will and no immediate family. No idea who would be handling the estate, nor do we know who to contact for that information. Her late husband was an only child, parents deceased, and she was an immigrant from Czechkoslovakia(sp?). I was able to find out that their property had no notes or liens against it. My husband and I maintained the property for them. The owner had made a verbal statement to my husband that upon her death, she would like to see the property go to him-another witness was around when she said such. I'm wondering what the process is, in a case like this, and what action we would need to take to show that we have interest in the property. How long of a time goes by before escheatment(sp?), legal proceedings, etc? I have no idea how such proceedings work. In the meantime, my husband wants to pay the taxes on the property.


Asked on 11/25/09, 9:29 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Generally speaking, Nuncupative Wills or oral will are invalid in New York unless you are a soldier or mariner at sea and you are facing certain death and there are two witness to your oral declaration.

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Answered on 12/01/09, 7:48 am
Michael Markowitz Michael A. Markowitz, PC

The estate would be handled by the County's Public Administrator (PA). The property would be sold and funds would be held by the PA until the decedent's relatives are located.

I agree with Locksley, that the oral representation made concerning the property is not binding. I would also tell your husband to not pay the taxes unless there is an agreement with the Public Administrator that the money will be returned to him.

Mike.

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Answered on 12/01/09, 8:03 am


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