Legal Question in Wills and Trusts in New York
my dad's will
hi,
Thanks for taking your time to review my question. My dad passed away in feb 2004. He owns two co-op apartments in the bronx,NY. He was a green card holder not a citizen of the United States. We just found out that he left a will in Pakistan. The will gives the apartments to my mom. I just want to make sure the will is valid even though it was made in a foreign country.
Thanks again
3 Answers from Attorneys
Re: my dad's will
In all liklihood, your father's will from Pakistan will be valid here in New York. You may have to go through a slightly more complicated process called "ancillary probate."
You may contact my office at [email protected] for additional assistance.
Re: my dad's will
Pursuant to law, probate occurs at the place of your father's domicile. Since your father was legally domiciled in New York, the estate proceeding may be commenced here.
With regard to the Will in Pakistan, there is conflicting law. However, assuming that your father died without a will (intestate), the property would automatically go to your mother.
Therefore I would suggest a simple intestate proceeding, allowing your mother to be the administrator and beneficiary of your father's property.
Mike.
Re: my dad's will
While the reqirements for a will are different in Pakistan than in NY State, it is likely that the will will be accepted by the Syurrogates Court here in NY if no one objects.
In addition, if someone objects, then the properties will pass to your mother by law.
You are welcome to a consultation for no fee. Email is best to make an appointment.