Legal Question in Wills and Trusts in New York
Probating a Will with the Court
My Mother made a Will and it states that my stepfather is allowed to live in her home. If he sells the home, the proceeds go to her daughters and the same applies upon his death.
The deed is in my Father's and Mother's names. My stepfather hired a lawyer and he now wants to redeed the property into his name only because he is just now trying to set up an estate plan because according to him, he is a very sick old man (87 yrs. old) and has cancer. He told the lawyer that his wife (my Mother) didn't make a Will. He knows very well that she did because he was present for the reading of the Will.
My Mother had appointed me as Executrix of her Will.
Since it appears that my Stepfather isn't abiding by my Mothers' Will, would it be wiser for me to wait until he passes on to probate the Will in Court? I believe that if I probate it now, he could contest it.
I would appreciate any assistance you can give me re the above.
Thank you.
3 Answers from Attorneys
Re: Probating a Will with the Court
You need to probate your mother's will. However, if the property was in your mother and stepfather's joint names, he may own 100% of the house as the surviving joint owner (so your mother's direction in her will may be of no significance).
You should see an attorney in the county where your mother lived.
Re: Probating a Will with the Court
You should bring the will to an attorney as soon as possible. It probably needs to be probated. If it was executed properly and there was no undue influence it will hold hope. Best to go to an attorney in the county where your mother died.
Re: Probating a Will with the Court
You must see an Estate Lawyer IMMEDIATELY! You should show the Lawyer your mother's Will and a copy of the Deed. If the Deed is in your father (not stepfather) and mother's name, when your Dad died the property would automatically be devised to your Mom. Unless it was retitled as a joint tenancy with your stepfather, he has no right to the property upon your mother's death.
This is very fact sensitive and delay only hurts you.
I hope this helps!
Ron Cappuccio
http://www.SaveYourEstate.com
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