Legal Question in Wills and Trusts in New York

Hello,

My mother (Arlene) had a step mother that passed away a few months ago her name was Phyllis. Phyllis was married to my grandfather (John) which this was his second marriage (Phyllis is not Arlene's mother). My mother lived in John and Phyllis' house with her brother (Ronnie) all of their younger years until she got married and left. Before John owned the house Arlene's uncle owned the house for a number of years, so this house has been in her family for probably 100 years or so. John signed over the house to Phyllis for $1 in 1996 when he was sick and dying. He died in November 1998. Phyllis has a daughter named Susan. After Phyllis died our lawyer called up Phyllis' lawyer to see if there was a last will. Phyills' lawyer said she did have a will but it is on a floppy disk on a old computer which she cannot print out. She did not mention to whether or not the will was signed and scanned into the computer or the will does not have a signature, but since that lawyer is the lawyer who created the will for Phyllis in the first place, she should be able to validate its authenticity. Anyway, Phyllis' lawyer told our lawyer that Ronnie (my mother's brother) is in the will but Arlene (my mom) is not and Ronny would be receiving a letter in the mail (which he never received). Susan states that there is no will to bring to probate and the lawyer who has the will on the floppy disk refuses to show it.

Susan has now been named executor and has the control of going in and out of the house as she pleases. So if she finds a will in the house, I am sure she will destroy it. Since my monther and her brother are step children do they have any rights in all of this or if there is no will Susan will get everything because she is the daughter? This is a very difficult situation and need some help or advice. If anyone can help it would be much appreciated!

Thanks

Thomas


Asked on 12/30/13, 10:36 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Not a difficult answer, if no original Will is located. House was given to a wife (ste-mother) some number of years ago and she became the owner. There is no obligation between a step-parent and step-child regarding inheritance. The natural children of a decedent are the only ones to inherit absent a probatable document (written, signed and witnessed, at the minimum). Unless a fraud is being conducted, and this may be difficult to verify and prove, nothing can be done for your Mom. Ronnie may have a claim, but this is also difficult to verify absent a written and signed document. The costs involved can be high and the outcome questionable. If no document has been filed (if one has been, it is a public document and can be seen by anyone), this is probably a matter of intestacy (probate proceeding where there is no Will) and neither Mom nor Ronnie, as only being step-children, are not covered by the intestacy statute.

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Answered on 12/30/13, 12:07 pm


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