Legal Question in Wills and Trusts in New York
My mother passed away before making a will she owned a house, my step father who was married but seperated from my mother for years before her death recently passed also without a will, the deed to the house was in my mothers name solely do we have to change the deed we do not plan on selling house as we 5 children are letting our disabled brother live there as these were our mothers wishes we live in NY ?
2 Answers from Attorneys
Unless your stepfather predeceased your mother, you would need to look at any separation agreement they may have signed to determine if his heirs have any legal entitlement to part of her estate.
If your stepfather predeceased your mother, then her heirs can sign a deed to any individual or group of individuals. You may want to give your disabled brother a life estate in the house. Depending on the form of his disability, he may require a guardian.
I agree with Arnold that more facts are required for a complete answer. In addition to a possible separation agreement, information about size of stepfather's estate may be required. Separation, by itself, may not eliminate possible inheritance rights between separated spouses.
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