Legal Question in Wills and Trusts in New York
Is there a deadline to act on a will?
My mother died in 1989 and left the house to her 4 children. Two sons lived in the house at that time. One refused to move. It is now 2002 and I'd like to get my share of the value of the house. Is there a time limit that I must collect my share or can I contact a NY lawyer and go through the process 13 years after the--name removed--was read? Thanks.
2 Answers from Attorneys
Re: Is there a deadline to act on a will?
In order to transfer the title to the house to the beneficiaries of the will, you must probate the will. If the house is in New York, contact an attorney there.
If the house is in Florida, a New York attorney cannot probate, it would be the unauthorized practice of law in Florida. If you are listed as a beneficiary for a portion of a house in Florida, you may want to open up a probate to change the title to reflect your ownership. After probate has awarded you your portion of the house, you may file for a partitioning of the title and force the sale of the home.
Re: Is there a deadline to act on a will?
You should absolutely retain a New York attorney to help you in this matter. You will need to probate the will, and may need additional help getting the people out of the house. You should get an attorney in the county where the house is located.
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