Legal Question in Wills and Trusts in New York
My Father died in 2003 intestate in the state of New York. I am his only surviving blood child. His Spouse is not my real Mother. Do I have a claim on any of the real property? and if so are there time limits to make claim.
3 Answers from Attorneys
As per EPTL 4-1.1, you have a claim to 1/2 of your father's estate (after the initial 50k which does to the spouse). You or your attorney should look into whether there was a will, how the property was titled, and if any proceedings have been brought. No probate or administration can be brought in Surrogate's court without notifying you and giving you a right to contest it. I would suggest you speak to an attorney. Many, including myself, offer a free consultation.
There are no time limits. Was an estate set up by his spouse? What happened to the real property?
First place to start is a review of the Deeds. Unless the title in the Deeds is in your father's name alone, or the title, if your step-mother's name is on the Deed, says "tenants in common", you will have an uphill battle in raising a contest, The Deed registration controls possible inheritance and unless you can prove undue influence or some other basis to overturn the registration, you may not inherit anything.
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