Legal Question in Wills and Trusts in New York

Re: Co-Op Interfering with Estate Ownership

If your Aunt is the sole heir then the transfer will go through. Her deceased husband's estate will need to be probated and a court order can be issued to effect the transfer. If her son is the beneficiary then the matter will be resolved in his favor. if the co-op is defying a court order then your Aunt can ask the court for damages; absent a court order, the co-op is under no duty to choose sides in an inheritance dispute. I recommend that your Aunt retain a probate attorney to assist her in this matter; she may also have a valid lawsuit against her son. Best of luck.

Re: Co-Op Interfering with Estate Ownership

You do not say how your aunt became sole heir, as she asserts. Was the property owned jointly, or was it covered by a Will naming her the sole owner? If either of these is how she claims she is the sole heir, her claim is legitimate and the shares can be transferred to her. If your uncle died intestate (without a Will) the question of ownership is more complicated, as the ownership follows the intestacy laws, which might give the son a legitimate claim. This sounds like a case I am currently involved with, with a similar claim being raised. The answer depends upon the value of the unit at the time of your uncle's death, and whatever other assets he may have owned. Under NY intestacy laws, the widow gets the first $50,000 of assets and the balance is split between the widow and the son. More facts are needed, and it may require some resolution by the NY Surrogate's Court. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Missing facts could result in a different reply.