Legal Question in Wills and Trusts in New York
My rights to an estates
MY grandmother died in 1986 after she had 4 children 1 which already had been decessed . We were told there was a will back then leaving her decesed son portion of the estate to his children and the rest to be split up amongest the 3 remaining children. At the time of her Death one of her children still raimained living in the family home the other two were married with children of there owen.No One pushed for the sale of the house at that time it was agreed he would remain living there untill it was time to sell or he was decessed. In 1992 my father died and in 2000 my aunt died leaving only one remaining child which is the one living in the home.The house was a two family home oringely owned by my grandmother and her sister.So it was only 50% my familys.earlier this year my Grandmother sister passed and her children wanted to sell which left us with no choice but to sell or buy them out.The one remaining son had stated about 2 years ago he could not find a copy of my Grandmother will and would nedd our signtures to transact on behalf of the estate . after my grand mother sister died he said he found a copy and it named him the exector he has now gone to contract and will be closing end of sept and will not give usacopyofthe will
1 Answer from Attorneys
Re: My rights to an estates
You should be proud that your family has dealt with this unwieldy situation very well and without bad feelings to this date.
1. You do have a right to a copy of the will.
2. Exactly how the proceeds from the house should be divided depends on how the will is written. Most wills are 'per stirpes'. That means that if your father has 2 children and $100 coming to him after his mother dies and he dies before his mother, then, when she dies, the 2 children each get $50.
That is a too-simple explanation, but it may give you some guidence. Wills and Estates law is very technical and has a lot of rules.
You are welcome to ask me further questions.
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