Legal Question in Wills and Trusts in New York

Re: Property Deed

The property is governed by her will, or if she did not have a will, by the laws of intestacy. I suggest you contact a lawyer to discuss this matter further.

Let me know if I can be of further help.

Daniel Clement

Re: Property Deed

If your aunt had a Will, the property will pass to the people named in the Will, regardless of what name she used in the original Deed. However, it may be necessary to verify that under her maiden name and name at date of death, she was one and the same person. If she died without a Will, her property passes by intestacy (dying without a Will), and the statute determines who takes title. Did she have at her date of death any living, in this order: a spouse who survived her and was married to her at her date of death; children; grandchildren; parents; brothers and/or sisters? If so, these are the people who have first entitlement without a Will, in the order specified. If she had none, then nieces and nephews would be next in line. If you need further information, please call me at (973)-377-3313.

Walter