Legal Question in Wills and Trusts in New York

Re: Mother died then executor(step father) dies 2 months later.

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Much of the answer to your question depends upon how the deed to the house was titled. If your stepfather had a life estate, who was the remainderman listed on the deed?

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Re: Mother died then executor(step father) dies 2 months later.

This is a difficlt question to answer without seeing the documents involved. There are diverse answers depending upon the contents of the various documents. If Mom's Will is valid, the fact that it was not probated before your stepfather died is not important, as it could be probated now, with the alternate Exxecutor being appointed (you will need an original of stepfather's death certificate to show he died before the probate). If the Will cannot be probated because of some technical problem, you may be able to have an Administration with the Will annexed, which allows the contents of the Will to control, but is more costly in fees than a straight probate of a Will. If the Will is invalid, your Mom is considered to have died intestate, and different results follow, as the intestacy laws control her estate. How the Deed reads has a bearing also, and no comments can be made without seeing a copy of the Deed, as to whether or not the house value is part of her intestate estate. At best, all stepfather has, in either event (straight probate of Will or Administration), is a life estate which terminated upon stepfather's death. At worst, if there is an intestacy, the house value may be considered part of the intestate estate and your stepfather's estate may be entitled to part of the value. This depends upon the language of the Deed and who signed it. If he signed the Deed and it has proper language, he gets no part of the house value, even if there is an intestacy. My suggestions: Have all documents reviewed by a competent estate attorney (like myself) promptly, because if you are going to contest the claim of the stepfather, there are time limits to start the suit. There are many different laws involved, so you will also need to ascertain the value of stepfather's estate at his date of death, including gifts he may have made within a year of his death, as this total value bears on his intestacy claim. The unsigned documents may be evidential of intent, although the fact they were not signed by stepfather might make their value in litigation minimal. The language of the Deed and how it was signed might bear on this issue. Estate litigation can be costly and time consuming, so a complete analysis needs to be made, to determine if the projected costs justify contesting his claim, although a settlement might be negotiated through mediation, which could drastically lower the costs to both sides. If you have further questions, or would like me to review all documents involved, contact me directly