Legal Question in Wills and Trusts in New York

Re: Property willed to me

I agree with the other authors. If you were left anything, once the Will is porobated (and you should received documents verifying this), it is up to the Executor to handle the estate and carry out the terms of the Will. This will include, in your case, recording a new Deed making you the owner of the property. While you, technically, do not need your own attorney, since the Executor is under a fiduciary responsibility to carry out what the Will provides, you may want to retain your own attorney to monitor the activities of the Executor.

Re: Property willed to me

I would need a lot more information. Have you seen the will? How do you know he left you the property on MV? Has an estate been opened in NY? If so, have you been notified as an heir?

If an estate was opened with the filing of the will in NY and the will does in fact leave you the property in MV, then the executor of the estate has the responsibility to deed the property to you with an Executor's Deed. This deed would then need to be recorded on the Land Records in MV.

Re: Property willed to me

If uncle lived (and died) in NY, then NY Surrogate's Court has jurisdiction for probate.

First you must determine if the Uncle had a will. If the answer is yes - do not tamper with the will, remove staples, etc. You will have to probate the will in NY and then proceed to transfer the MA as the executor under the will.

If no will, the Uncle died intestate and assets would be distributed by blood in accordance with NY EPTL law.

Mike