Legal Question in Wills and Trusts in New York
Died without a will - Squatters rights
If a parent dies without a will, spouse is also passed , can one child (she had seven) move in her home and change the locks and claim that as her new domain ? Suggestions for the remaining siblings and where to go look for a probate lawyer....
1 Answer from Attorneys
Re: Died without a will - Squatters rights
Your question does not lend itself to a simple answer, but I will try to give you a short one. In New York, when a person dies without a will and owns real property the real property passes to the distributees (children) by operation of law upon death. Meaning that all seven of the children own the property as tenants in common. Which also means that each of the children is entitled to possession of the premises but one child cannot exclude the others. I encourage you the seek the advice of an attorney in your area.
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