Legal Question in Wills and Trusts in New York
When my fathers parents died they had no will and so I believe the ownership of the land went to the 9 children. My father passed away at 49 and in his will everything that was his became my mothers. Years later all the siblings of my dad had pass but one. My relatives did not want the family land to go to the state so they started a process of everyone signing off and they put the land in the only serviving sister of my dad. Since then my mother claims that part of the land should have been hers, the portion that was my dads. Is she right? Because I think that she couldn't be willed something that was not legally in anyones name.
2 Answers from Attorneys
Is she right? Maybe. If the father owned the land and signed a document deeding the land to his sister, your mother would have no rights to the property. However, if your father died intestate (without a will), the father's percentage of the property would be distributed to his children and his wife.
Mike.
I agree - it all depends upon what your fathewr may have done. If you have an address for the property, a title company can verify the current ownership for a small fee. This way, if there was no Deed from your father, your mother can assert her rights. Keep in mind that there are on-going yearly costs (taxes, insurance, etc.) and that your mother may be responsible for several years of these costs, if she is a co-owner. More information is needed to give you a better reply.
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