Legal Question in Wills and Trusts in New York

Re: property in probate

A legally adopted child takes from the parents. If she was not legally adopted, she still may be able to prove her status if there are other people who can testify that your Mother was treated by her parents as their daughter.

If the house was under contract for sale prior to the death of the owner, it may not be considered as an asset of the Estate.

Your Mother should not sign any papers concerning this matter without consulting an Attorney. Please feel free to contact me @ (716) 856-4022 to discuss this matter further.

Re: property in probate

As the person named in the Will, she is entitled to the house, or its purchase value if sold. This cannot be contested by an unrelated third party, However, if there is some document that gives a third party a right of first refusal, your mother inherits the house subject to the exercise or waiver of the right. She should see what the document states, and comply with the terms of offering it as specified in the document. It is possible the right may have expired, and I cannot answer the question with more than a general statement unless I review the document creating the right of first refusal. If you send it to me, I will be happy to look at it and provide a better answer.

Re: property in probate

Since she is mentioned by name, my daughter, ________ is to receive the house, the intentions of your grandparents would appear to be clear.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Re: property in probate

She may have to prove the adoption.

Re: property in probate

If your mother was never formally adopted there may be a problem. If records existing proving the adoption, the fact that she was not a biological child is irrelevant.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.