Legal Question in Wills and Trusts in New York
intestate inheritance
My husbands mother died in 1976. my husbands father never asked for his share of her estate. We are selling her house his father post deceased his mother and was remarried at the time of his death. There are three surviving children of which my husband is one. What is my husbands stepmother intitled to inherit? Does her inheritance come before my husband and his siblings who are issue of his mother and father?
1 Answer from Attorneys
Re: intestate inheritance
The answer depends upon how the house was titled when your mother-in-law died, and what happened after her death and before your father-in-law's death. If the house was titled in both in-laws names, the FIL automatically inherited his deceased wife's share. This made him the sole owner. If he did make a new Deed putting the children in title or put anything in writing in which he disclaimed ownership of the house, it was his when he died. Did he have a Will and what did it say about the house. If there was nothing, the new wife may be entitled to the house by surviving her husband, if the house was their residence. This can become complicated if nothing was done by the father. I would need more information to properly determine the children's rights. You can call me at 973-377-3313 or e-mail me directly as [email protected]
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