Legal Question in Wills and Trusts in New York

Re: will

Generally, a decedent's wishes are carried out according to his/her Will unless the Will tries to disinherent a spouse. Assuming there is no issue re: ownership of the land, it goes to your step dad.

Re: will

WHILE I GENERALLY AGREE WITH FRANK, I HAVE SOME ADDITIONAL COMMENTS. THE DEED MAY BE THE CONTROLLING DOCUMENT, DEPENDING UPON HOW IT WAS WRITTEN. A WILL USUALLY CONTROLS THE DISPOSITION OF A PERSON'S ASSETS UPON ONES DEATH. HOWEVER, IF ASSETS ARE REGISTERED OTHER THAN IN THE INDIVIDUAL NAME OF THE DECEDENT, SUCH AS JOINT NAMES, OR HAVE A DESIGNATED BENEFICIARY, LIKE LIFE INSURANCE AND RETIREMENT PLANS, THE ASSET REGISTRATION AND/OR BENEFICIARY DESIGNATION CONTROLS, EVEN IF THE WILL HAS CONTRARY PROVISIONS. YOU NEED TO SEE HOW THE NEW DEED READS AND IF THERE IS SOMETHING IN IT THAT CONTRACDICTS THE WILL. IF ALL IT DID WAS MERELY CHANGE HER NAME, AND NOTHING ELSE, THE WILL CONTROLS AND THE PROPERTY GOES TO YOUR STEP-DAD. IF SHE WILL MADE NO PROVISION NO PROVISION FOR HER CHILDREN, OR THEY WERE NOT MENTIONED AT ALL, THERE MIGHT BE A POSSIBILITY THE CHILDREN CAN CONTEST IT. THIS IS A REPLY TO AN INTERNET QUESTION AND THE RESPONSE IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. MISSING OR OMITTED FACTS COULD CHANGE THE RESPONSE.