Legal Question in Wills and Trusts in New York
A very evil Step Grandparent!
Recently My Step father passed away after verbally promising his house to me. He promised the house and lands at the time of the passing of my mom. My step dad did not leave a will and so died intestate.
I have been staying at the house and my step father's dad showed up after thirty years telling me that the house is getting sold and I can stay there until the time that the house is sold! This man had nothing to do with my step-dad's life for over thirty years and should not get a single penny!
What can I do?
Are there ways to contest such an action? How is it that he has power of attorney when he had nothing to do at all with his son?
3 Answers from Attorneys
Re: A very evil Step Grandparent!
I am sorry you find yourself in this situation.
You need to retain an attorney as soon as possible. You need to get a copy of the power of attorney your step-grandparent has. It is possible that it is no longer effective, or even worse, was forged.
Unfortunately, this matter will be played out in the Surrogate's Court. If you would like to discuss this matter further, please call me at 845-362-0387.
Re: A very evil Step Grandparent!
Intestacy may give the parcel to the step granddad and then you have no rights.
If the land was once owned by your Mom, there may be a document which requires that your stepdad leave the parcel to you. If there is such a piece of paper it may well be a contract that bound your stepfather. Who knows?
Look at the deed; it may have only given your step dad a life estate. Who knows?
Search for a Will. Check with local lawyers, etc.
An oral promise is worthless in these circumstances.
Re: A very evil Step Grandparent!
If the house of your step father was never in your
mother's name, which appears to be the case, or
if she left the property to your stepfather without
stipulation, you could be without recourse
As you probably were not adopted you are not a
legal heir of your step father If he had
no surviving spouse or biological children, his
parents would inherit his entire estate. His
father would be the person the Court would appoint
as his Administrator and the Court is doing
nothing wrong.
Absent a writing with a direction that you
receive the house, you probably have no legal
recourse.
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