Legal Question in Wills and Trusts in New York
Who really has a right to it?
My grandmother (NC) and her sister (NY) purchased property in NC. It was paid for prior to my great-aunt's marriage. My aunt died. I'm unsure if she had a written will. Since her death in 1988, my grandmother has maintained the taxes and upkeep of the property. My great-uncle (NY) has since died. He filed a will in the county where the property is. He has an illegitimate drug abusing daughter (NJ), who is claiming my uncle's portion (if any) to that property. There is strong uncertainty that she is his biological daughter. The daughter had to jump through several hoops to prove she was his daughter, to claim his property in NY. She is in the process of selling half of the NC property. I have made an offer to buy it.
1. Does she have a right to the property?
2. If she accepts my offer, but does not have a right to the property, what must I do?
3. How can I find out if she is truly his daughter?
4. Do I need a private investigator?
Also, NY has laws about treating the elderly properly. My uncle was dead in his home 5 days before she knew it. She was supposed to be his daily care giver. And she has yet to bring his body/ashes to NC for burial next to his wife. He died in 2002. Please help fast. Thank you.
2 Answers from Attorneys
Re: Who really has a right to it?
If the daughter is offering to sell you her interest in the N. Carolina property and to convey that interest to you via a quitclaim deed, she will only be conveying whatever interest she may have. And if such interest is subject to legal challenge, then you could find yourself defending a lawsuit to deprive you of your purchase.
You would be well advised to retain the services of a North Carolina attorney where the property is located and who would be competent to examine the state of the title of this particular property and to explore the issue as to whether the daughter's claim to an apparent one half undivided interest in the whole is in fact legitimate.
Re: Who really has a right to it?
This is a difficult situation. You are right to have questions.
The property may not have been in your great-uncle's estate. The deed to the property and the will of your great aunt will give you this information.
On the other hand, 3 years after the passing of your great uncle is a long time if his estate has already been probated. You may have missed your opportunity to contest the property being in his estate.
1. When was his estate probated? Did you contest the ownership of the property then?
There is too much information missing for me to give a solid answer. I do try to give solid answers in to these question and I think I have set down the basic issues for you.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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