Legal Question in Wills and Trusts in New York

My husband was left all his grandfathers real and personal property according to his Last will and Testament. My husbands Mother however is the executrix of the will. He was wondering if the house was left to him or to her or how that works? thankyou


Asked on 7/28/10, 11:09 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

You must check how the deed to the house is worded.

Under the facts you set forth, your mother-in-law would get the house if she was a joint owner with your grandfather-in-law.

If your husband is entitled to the house and your mother-in-law does not convey it to him after the will is probated, your husband may have to bring a proceeding for an accounting in Surrogate's Court.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 8/02/10, 1:58 pm


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