Legal Question in Wills and Trusts in New York
Does a minor of a legal Guardian has a right to an Legal Guardian Estate
I am an adult now but was a minor when my legal guardian who died intestate, she left me on her life insurance policies and was also married and her husband signed Renunciation of Vountary Adminsrtation. I have to come to find there was a deed recorded with her name. That was changed listing her husband as sole heir and next of kin. I am now the adminstrator to his estate and he has since then remarried and his second wife in return sign her renunciation of voluntary adminstration she has since then died intestate. Is her family still qualified to the estate that came from my biological great aunt and uncle who were as well my legal guardians.Do i have a right to contest the orignal deed before the second marriage.All other families were aware of the matter but spoke nothing because of no legal knowledege and was the deed valid if the notary was invalid or fraudlent. And the alleged notary or attorney has been disbarred for displinary actions.The property belongs to my Greatgrandmother and i have been living in it for over 29 years.
1 Answer from Attorneys
Re: Does a minor of a legal Guardian has a right to an Legal Guardian Estate
If I understand your question, it is Who is entitled to inherit, by intestacy (dying without a Will), property which was originally owned by person "A" and then the ownership was changed, either to "A" and "B" (husband and wife) or which designates "B" to inherit it, by a Deed, the authenticy of which is now questioned. This is quite complicated (are you sure this is not a bar exam question(, as all people died intestate, and "B" had remarried and left a widow him surviving, but her name is not on any recorded Deeds. Presuming the original Deed naming "B" was fraudulent and could be negated (extensive litigation may be involved), "B" was still married to "A" when she died. As her husband, he had certain inheritance rights to her estate, the value or amount of which depends upon various laws at "A's" date of death, as well as the total value of her estate and if she left children (not a nephew or someone for whom she was the legal guardian and not her child). Preseuming she had no children surviving, "B" would have inherited her entire estate on her death, as her intestate surviving spouse. Thus, his new wife would be entitled, presuming he had no children who survived him, his entire estate. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship. Missing facts could result in a different answer.