Legal Question in Wills and Trusts in New York
Rights To Uncle's Estate?
My grandparents had two children, my father and my uncle. After my grandfather died, my uncle had my grandmother add his name to everything she owned. This was done, I'm sure, while my grandmother was in an emotional state and without my father's knowledge. (My father had a very good relationship with his parents, living 5 minutes away from them and frequently helping out around the house.) When my grandmother died, my uncle informed my father that everything was in his name. This in effect ended their relationship, my father never pursued any legal action and has since passed away. I have now been informed by a lawyer that my uncle has passed away and my siblings and I are the only next of kin (he only requested our names and addresses). The last contact with my uncle was after my father died when we requested photos of my father. He denied this request and stated he was leaving everything to the church. Do I, along with my siblings, have any rights?
4 Answers from Attorneys
Re: Rights To Uncle's Estate?
The answer depends upon whether or not your uncle left a valid Will and, if so, what it says. I cannot tell if there is a Will or not, but it sounds like there might be one, as the attorney contacted you, probably to cite you with notice of the probate of a Will. If there was a Will, he might send you a copy, or you can see it and get a copy from the Surrogate's Office where it will be submitted for probate. If the Will is valid and leaves everything to the Church, you get nothing. On the other hand, if your uncle died "intestate" (without a Will), you could inherit everything as his closest surviving next of kin. I suggest contacting a local attorney who knows about estates and Will contests, to review the situation and determine if you have any rights.
Re: Rights To Uncle's Estate?
Not based on your facts.
Re: Rights To Uncle's Estate?
I seem to recall a provision of the EPTL which limits the percentage of an estate which may be left to charity. If it is still in effect, you and your siblings, as nieces and nephews may be able to file an election against the Will. Consult a knowledgable estate attorney immediately. There are strict time limits.
Re: Rights To Uncle's Estate?
Probably not. You and your siblings may be your uncle's sole distributees (which sounds unlikely), and may therefore be entitled to share in his estate if he had no will.
Forward any papers you receive from the attorney to your own attorney for review.
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