Legal Question in Wills and Trusts in New York

You indicate that your mother predeceased your step-father and that both passed away intestate. You do not indicate what assets, if any, other than the house were in your mother's estate. Thus, it may be impossible to give you a complete answer.

I can tell you, however, that if your mother was survived by her husband and by five or six children (I am not clear as to whether your disabled brother is included among the five), that her husband's estate might possibly have a "right of election" against your mother's estate. This right, which is waived if not filed with the court, would likely permit him up to one third of the estate's assets.

The fact that your mother and her husband chose not to reside with one another does not affect anyone's rights here (unless there were a written agreement to the contrary).

You and your other siblings might wish to give your brother a life estate in the real property. Concerns that must be addressed include whether your brother is receiving any government entitlements that must be paid back. A life estate might help to protect your interests in the house and preserve it for the next generation.

It seems to me that an administration proceeding would be indicated. And it would not be a bad idea to transfer the deed into the names of you and your siblings. That can be done with an administrator's deed after you have conducted an administration proceeding.

If you need any help with this, you may feel free to contact me. 212 791-6240.

Good luck to you.

Since your mother predeceased your stepfather and both died intestate, his heirs are entitled to share in the assets of her estate.

If you apply for administration of her estate you will need to file a bond and conduct a search for his heirs.