Legal Question in Wills and Trusts in New York
I lived with L as man and wife for over seven years, but not in a common law state. I moved into her home. L passed away two weeks ago. Now both her brother and 'best friend' have stepped forward with signed wills, both claiming they get everything. While they battle out whose will wins, the house will have to go into probate. Can I stay here till then? The brother says the caretaker cannot be anyone related to the estate. Is this true? Why not me? I have been the caretaker for seven years, anyway.
1 Answer from Attorneys
First, regardless of which will prevails, or even if both wills are not found to be genuine, you will not be entitled to share in the estate.
Until one of the wills is probated, neither one is considered genuine. One or both of the proponents of the wills may, however, seek temporary administration allowing certain actions to be taken prior to the probate.
As for the brother saying the caretaker cannot be "related to" the estate, I don't quite understand that. First, it sounds as though you, unfortunately, are not "related to" the estate, since you don't receive anything through the estate. Second, I'm not quite sure what "related to the estate" even means. Third, it sounds as though the brother is making up rules.
Good luck to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
