Legal Question in Wills and Trusts in New York

Who gets the house?

Who gets the house if the owner dies? The soul aire or the step-children. If the soul aire is another state and the step-children are living in the house. No will was left....Second wife died.

Thanks


Asked on 2/14/00, 7:21 pm

2 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Who gets the house?

Step children (children of a spouse from a prior marriage) do not inherit in the absence of a will providing for them. Since I do not the relation of the person you identified as the sole heir, I cannot tell you if he/she will recover anything.

Daniel Clement

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Answered on 2/18/00, 4:18 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Who gets the house?

House goes to any co-owner on the Deed, if any is named. If there was no named survivor, the answer depends upon the decedent's Will, or, if no Will, goes to surviving souse and/or children.

If step-children are minors (you do not say) and were never adopted, they may have a right to remain until their majority, if they were living there with the decedent. If they are adults and have no lease arrangement, they can probably be evicted.

I suggest the heirs of the decedent try to qualify as administrators of the decedent's estate and retain an attorney to assist them

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Answered on 2/19/00, 12:57 am


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