Legal Question in Wills and Trusts in New York
executor deed
my mom died in june ' my stepfather was executor and me as back up if he could not do it or if he died at the same time. In her will she stated he had life time use of all household goods and apliances. She willed the property to him if he outlived her. The deed is in her name only but the last line on the deed states he has life time use. She paid a laywer to draft her will. My stepfather died the begining of june. He was trying to put a indenture on his will so the property went to her children because thats the agreement they had. WE have the letter from his laywer stated that was my stepfathers lntent. My stepfather died shortly after that and the indentor was never signed. They used the same laywers for their wills. Now his children have come forward and want everything. The laywer states that although i am now executor of my mothers estate it is an empty estate as everything went to my stepfathers estate. I have consulted a laywer and says if ther was no executor deed signed by my stepfather the property is still in my mothers estate. Is this true. Her estate is still open
2 Answers from Attorneys
Re: executor deed
I apologize, but it is not entriely clear as to what went on here.
I am not sure who died first, which could make a difference.
It appears that your mother gave your stepfather a life estate which terminated at his death. The house would therefore become part of her estate.
Needless to say, all of the documentation that you have should be reviewed to make an accurate determination. I would recommend that you retain an attorney to review the matter, and, if necessary, to assist in the settlement of your mother's estate.
If you would like assistance with this, or any other matter, please feel free to contact me.
Best of luck!
Re: executor deed
It's hard to tell for sure, but it sounds like your mother deeded a life estate to your stepfather. IF that's the case then her property would revert back to her estate when he died meaning he cannot legally pass the property on to his own children. I would recommend to you that you get legal help for this matter.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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