Legal Question in Wills and Trusts in New York
My mother passed away four months ago and left no will. I have two living brothers one deceased with no kids, and she adopted five kids. One died at the age of 18 no kids,two that are 22 now and two that are ages 11,10. I'M in the process of becoming legal guardian to the minors 11,10. However, there is my mothers house that I have been taking care of with no assistance from the remaining siblings.Paying property,school taxes and still paying for her funeral. Is there anyway I can keep the house for reasons of providing living quarters for the two kids. None of the remaining siblings are helping me financial.
2 Answers from Attorneys
Her estate must go to probate administration in the county she lived in.
If you and your siblings are the only living children, you would share equally in the estate. The expenses you cite are the obligation of the estate and would be deducted before a distribution of the assets was made.
Absent a will stating otherwise, the adopted children can not inherit.
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