Legal Question in Wills and Trusts in New York

probate awill

a wife that her spouse suffered from alzehemier disease as result she took care of all his affairs.

she left awill that said that the sister will get the house .she died 3 months befor her spouse.what the sister have to do in this case that way the house will be under her name?


Asked on 8/20/07, 1:07 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: probate awill

Since the wife died before the husband...it depends on how the house was titled and whether the husband had a will.

If the house was in joint title, the husband acquired the house upon the wife's death and HIS will determines who gets the house. If he has no will, the wife's sister will NOT get the house pursuant to statute.

If the house was not in joint title, the sister must submit a petition to the probate court w/ copy of will.

You will need an attorney.

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Answered on 8/25/07, 10:21 am


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