Legal Question in Wills and Trusts in New York

Re: Father dies--no will--who owns property--mother or son?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It belongs to the estate, which will be distributed in accord with the laws of intestacy, $50,000 plus 1/2 to the wife, and the balance to the son.

Re: Father dies--no will--who owns property--mother or son?

It depends upon how the original shares were titled. If in the joint names of your aunt and uncle, it automatically became the property of your aunt, although the shares should be corrected. If in the name of her husband alone, he died intestate and there needed to be an administration started, so someone could represent the estate (usually the surviving spouse). The persons entitled to the estate assets in intetacy (dying without a Will) are set by statutes and, in part, their entitlement depends upon what assets comprise the estate and the total value of the estate. The residence appears to be a cooperative, represented by shares of stock, not a Deed. As to who became the owner, this can be checked with the Surrogate, as it depends upon how they consider the residence (as real property or shares of stock). Usually the first $50,000 of asset value, in intestacy, goes to a surviving spouse, as does real estate.