Legal Question in Wills and Trusts in New York

Re: Mother's will found 16 years after her death

There may be possible remedies however they all involve a family dispute. Will it be worth it?

Court proceedings will probably be involved. Speak with an attorney.

Re: Mother's will found 16 years after her death

There are several problems involved, part of which depend upon what the siblings really want to do. The major issue is "laches", a legal term essentially meaning too much time has passed to change the results of the original distribution. I presume that someone was appointed as administrator of the original estate and, as part of the probate proceeding, Release and Refunding Bonds were obtained from all heirs, which are documents required to terminate the probate proceedings with the Surrogate's Court. These documents may or may not contain language allowing for correction of the original distribution based upon subsequently discivered facts and would need to be reviewed to check their language. While a claim could be made based upon a mistake of fact (that there was no Will known at the time of administration so the intestate distribution was based upon this mistake), colleteral issues such as who paid the costs of carrying the house for all these years and how much was spent, what reliance upon good title was there, so if a mortgage has been taken based upon good title, what will happen if title is reversed? If the house was taken away now, the child in possession would be entitled to be reimbursed for all expenses paid over the years, possibly offset by some reasonable rent calculation. Plus, you would be involved in a suit, with extensive legal fees involved, and even, perhaps, extensive accounting fees to make the necessary calculations of charges to each side. Bottom line: is all the expense that would be involved, plus whatever has happened over the years, really worth trying to undo what has taken place, in light of the simple defense of laches, which might end the suit at the outset? Also consider what the effect may be on the family after all these years; including the spouse and children, if any, who may have lived or still are living in the house. Tough call, and maybe not worth it after all of these years.