Legal Question in Wills and Trusts in New York

This is a Probate & Estates issue

I'm 54 years old. My older brother who is 56 and I are the two main heirs to the house that my Mother and older brother now live in. The concern here for my Mother and I is the extent to which my brothers estranged wife is in a position to make a claim on the property that my Mother and Brother live in, - in the event of the death of one of them. It is generally felt that the estranged wife is in a position to collect in the event of my brothers death if his name is listed as an heir to the Deed to the house along with mine.

Although my Brother does have a Son (27 year old) which we're concerned about receiving proper dispensation based on him being a decending heir, the Mother ( my sister-in-law) has pretty much exiled herself from the Family. She has no real interest in the Family other than perhaps collecting whatever is due to her legally in the event of my brothers Death.

If my Mother and I cannot convince my older Brother to get a divorce in order for his name to remane list as an heir to the Deed to the house, how else could this estate issue be resolved such that the estranged wife is left out of this deal financially in the event of the death of my Mother or Brother?


Asked on 4/18/07, 9:49 am

1 Answer from Attorneys

Michael Moberg Moberg & Associates

Re: This is a Probate & Estates issue

My first question is: who's name is on the deed now?

If your brother's name is currently on the deed and this property was acquired during the marriage (and not a gift from one of his family members) then the estranged wife would receive an interest in the property should he predecease her.

You may contact me dircetly with the full details on this matter to better address your concerns. Thank You.

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Answered on 4/18/07, 10:05 am


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