Legal Question in Wills and Trusts in New York

Re: Conditional inheritance

Based on the information you provide your mom was bequeathed a life estate in the property, while you and your siblings will inherit upon her death as tenants in common. Your father's will made the bequest, so your mom's will would have to refer to that interest. It isn't necessary, but if you wish to be sure, see an attorney and bring the will and the deed or a copy.

Re: Conditional inheritance

You would have to look at the language of the deed for an answer.

Upon a death, property passes under a will or by law. For example, if you father had a joint bank account with your mom, upon his death the bank account automatically passes to your mom, since that is the "legal" result of a joint bank account. If the bank account was solely in your father's name, the money would pass under his will.

Regarding your question, if the deed reads both your father and your mother's name, as "Tenants by the Entirety" or as "Joint Tenants," the will is meaningless. The real property would pass to your mother under the deed and not the will.

If the deed only has your father's name, you would look to the will for how the real property is disposed.

Mike.

Re: Conditional inheritance

To determine the status of the NY property, and your mother's rights with that property, you must: (i) review the deed as recorded with the County register; (ii) have an attorney review the exact language of the Will; and (iii) ensure that the Will has been probated, if necessary.

You may email my office with your contact information for a brief consultation, if you like.

Re: Conditional inheritance

It sounds like your mother was willed a life estate in the property with the remainder to the kids. But, there should be a deed from the executor of the estate that has been recorded that answers that question. If your father's estate was not already probated, it needs to be. For some reason, it is commonly believed that a will transfers property of a decedent. That is not so. The will is not even effective and valid unless it is proven up in probate.

You and your family could use an education about these things. I recommend you get a copy of my book for yourself and your siblings, your mom too.

My book, "Create Your Legacy & Save the American Middle Class. How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees) and Win their Gratitude and Admiration" explains all you need to know in simple, plain English. You can go to www.yourlivinglegacy.info for more information on this and obtain a download of the book.

Whether you need professional help or not is largely dependent on the nature and extent of your family's assets. Most people with a net worth of less than one million dollars ($1MM) can.