Legal Question in Wills and Trusts in New York

Re: Court decision relative to my husband's mother who died intestate.

You do not indicate who died first - mother-in-law or father-in-law. Presuming mother died first, the answer would depend upon how the assets were registered. If it is mostly real estate, and the Deed was registered in both names, the survivor usually gets everything, depending upon the language of the Deed(s). As to the personal property, this usually depends upon value, with a surviving spouse being entitled to the first amount of value up to a certain limit which can vary from state to state.

So, if the Deed(s) said the spouses owned the property as joinht tenants or tenants by the entirety (joint tenancy between spouses), surviving spouse gets all. No probate is necessary for property registered as joint ownership, as registration passes the property. Probate may be needed depending upon the value of the personalty. If only of nominal or sentimental value - no probate is usally required.

Next problem - if joint ownership of real estate, what did the survivor do? Was a new Deed prepared by the survivor and how was new Deed registered? Again, if between spouses (new wife), new wife may inherit without probate.

Finally, if there was no property for a Will to act on (all property was jointly registered), no probate is necessary.

If there was property for a Will to cover, and the Will was not probated - you need to find the original or find the attorney who prepared it, to get a copy - to see if your husband was mentioned. If he was, you may have to start an suit (if the original is unavailable for probate) to get what he is entitled to.

If you have any questions, you can e-mail me directly or call me (973)-377-3313.

Walter