Legal Question in Wills and Trusts in New York
My dad died and my brother refused to sign any papers to transfer the house into our name my dad had no will he died four years ago now my brother died and the house is still in my fathers name
I am the last of his children alive but my niece thinks that half the house is hers button brother never signed the papers to pit it in our names every one is telling me the house goes to just me cuz it's my dads a estate not my brothers cuz nothing went to court to change the names so can u tell me who owns the house thank you. Merye
3 Answers from Attorneys
You need to probate the Estate. Since there is no will you go through Administration and Intestacy law. If your brother survived his father, his estate would be entitled to his intestacy share.
Settle up with your niece. One-half of the house is hers. Save yourself some big-time legal fees. Contact me if you have any questions. 914-478-2981.
I agree with Arnold that your brother's share was not lost by his death.. Since your brother survived Dad, he became a 1/2 owner with you. Upon his subsequent death his family takes over his share. If he was married, his share is possibly split between his wife and daughter. Both your father's and brother's estates have to be handled, your Dad's by an Administration (probate without a Will) and your brother's, either by probating his Will or by an Administration if he left no Will. Once the current ownership is established, a new Deed can be created and recorded to show the current ownership. Claims between the estate may be involved as the carrying charges of the house after Dad's death became a joint responsibility of you and your brother.
Related Questions & Answers
-
Must all children be listed in a will in the state of NY Asked 3/13/13, 1:54 pm in United States New York Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
