Legal Question in Wills and Trusts in New York
proof of inheritance
Before my mother died, she turned over the deed of her house to me with the Life Estate clause included. She died intestate. Now I'm concluding a reclamation of property settlement in Estonia, where my mother's inheritance is a part of it. They want a proof of inheritance from here to release her part of the settlement to me. Can I use the Life Estate clause, as shown on the deed,as proof? What documentation do I need to convey this matter? Are there any other ways of handling this matter?
2 Answers from Attorneys
Re: proof of inheritance
I doubt it. They probably want proof you are the rightful heir. You may need to probate her estate in Florida.
Re: proof of inheritance
The Deed by itself making you the owner of the house might be sufficient. However, if the claim is for your mother directly, you might need to have a probate conducted in Florida to have you appointed as the estate representative. You should be aware that if the claim is independent from the house ownership, and if there are other possible heirs (a spouse or other children), they are entitled to also be appointed and to share in the proceeds. If the claim solely applies to the house, the Deed might be sufficient.
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