Legal Question in Wills and Trusts in New York

Re: Who gets Real Estate

There are a few different ways you can approach this situation to protect your share in your father's estate, including going to court to name yourself Administrator of your father's estate to take control of the property. You should contact an attorney to discuss your options in detail. Feel free to contact my office for a brief complimentary consultation.

Re: Who gets Real Estate

If there is no will and no surviving spouse then you and your brother, assuming there are no other siblings, inherit property by the laws of intestacy. You, or you and your brother, should apply to the Surrogate's court for letters of administration so that you have the power to prepare a new deed to transfer the property to both of you.

Re: Who gets Real Estate

Q. Does he automatically inherit this house even though my Dad's name is the only one on the deed.

A. No. Your Dad died intestate (without a will). Therefore, under intestacy laws (assuming your mother pre-deceased your father), you and your brother would equally divide the estate.

Q. How does this work.

A. You would have to petition the Surrogate's Court to be the administrator of the estate. The petition would be served on other individuals that would inherit (your brother). Frankly, it would be better for both you and your brother to work this out before you go to Court.

Q. What if my brother goes to lawyer to switch the deed to himself. Will the lawyer ask if there are any other siblings?

A. Maybe. More likely, the lawyer will ask if the brother is the administrator of the estate and whether "Letters of Administration" were issued by the Surrogate's Court.

Q. Can he get away with this?

A. Probably not.

Q. What should I do?

A. I would first speak to your brother and explain that since there is no will the house is divided equally. That you should both retain an attorney - split the cost - file a petition with the Surrogate's Court, sell the house and equally divide the proceeds. If you brother wants to be difficult, you will have no choice but to petition the court and proceed as the Administrator, sell the house, and divide the proceeds.

Mike.

Re: Who gets Real Estate

All authors are correct. I suggest to protect yourself that you or both you and your brother apply to be Administrator of ther estate, ASAP. You are entitled to an equal share of the estate and, once appointed can decide how to deal with your brother and his claim. If your brother fails to tell a lawyer there is another brother, you are at risk of losing your rightful inheritance and extensive litigation will be required to correct this. Once appointed, you can work out what happens with the property. If there are other assets in your father's estate, this may help your brother and his financial problems.