Legal Question in Wills and Trusts in New York

Not enough specifics in Last Will in NY

My dad died leaving only a house

behind. He had 3 sons, but 1 died

years ago; so 2 of us remained. The

dead son has 2 living sons. My dads

will has 1 article stating my bro can

live in the house for up to 2 years if he

wants. The next article states that in 2

years from the date of death, the title

should be transferred to me, my bro,

and the 2 sons of my late bro. He

didn't specify titling the house before

the first 2 years. My bro and I are

named executors. My bro and I want

to sell the house ASAP, before the 2

year mark. If we do, do we have to

split the money with my 2 nephews?

There is also an article saying and

money or residue is to be split

between me and my brother only.


Asked on 6/24/09, 8:13 am

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

Re: Not enough specifics in Last Will in NY

I have not seen the Will but try to answer your question from the facts given. It appears that the first 2 articles cover a specific bequest of the house, and what terms and restrictions are imposed on its sale (the 2 year residency). If the brohter who has the residency right is willing to sell now, sell the house ASAP. Its net proceeds go as the Will specifies and it appears to include your nephews. All other assets of the estate, after all bills, expenses and fees are paid, appear only to go to you and your brother (the residue) and would not involve your nephews. I need to see the Will to be sure my response is accurate.

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Answered on 6/24/09, 1:42 pm


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