Legal Question in Wills and Trusts in New York

My mom left a will.... One part of it says all 5 siblings receive equal parts of any monies she has... Less than 30 thousand..... the other part says one of my siblings gets her house ... do we have to go to probate court or just the sister that was left the house.. also the siater that was left the house is now mentally and physically incompentent....


Asked on 8/23/11, 5:49 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Will has to be probated, and someone appointed as Executor to handle the affairs of the estate, both cash and house. If sister inheriting house is incompetent, has a guardian been appointed? Where does she reside, in the house or somewhere else? Is she getting public support? Facts necessary to adequately respond to this portion of your question are mssing. Court proceeding for instructions may be necessary depending on the facts of her competency, residency, costs of care, etc. If she is unable to care for herself and the house, or pay its bills or its inheritance may cause her to lose public support, these answers may need to be resolved by the Court. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/24/11, 11:42 am


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