Legal Question in Wills and Trusts in New York

Question about a Last Will

My husband's father passed away and his paternal grandparents stated in their will that the proceeds from the sale of their home that was intended to go to his father be divided among his father's children. After both grandparents passed my husband and his brothers and sisters were asked for their social security numbers and were told they would be receiving their portion from the sale of the grandparent's home. But the grandparent's home had been transfered to their children's names before writing the will (about 20 years ago), so they no longer owned the home when the will was written. My husband's father's wife (his stepmother) was the executor of his father's estate and received the father's portion of the sale of the home. When the lawyer's handling the will were asked why the children hadn't received their share they were told because the house was not the grandparent's when the will was written their request was not valid. Is that correct? Should the kids obtain an attorney to look into it further?


Asked on 1/07/09, 8:48 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Question about a Last Will

I have not seen the Deed involved and how it was written may provide some insight to answer your question. Many issues are involved, including what rights a survivng spouse may have in a marital residence. Wills only act on assets individually owned, and have no effect on assets registered in multiple names, depending upon the language of the asset registration. I suggest getting a copy of the Deed and upon examing it, that you seek the advice of an attorney familiar both with real estate and estate matters.

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Answered on 1/07/09, 12:05 pm


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