Legal Question in Wills and Trusts in New York
no will
My uncle, with whom my family and I resided with for several years, passed away without a will. He wanted us to have the house, but was too sick (not mentally) to see a lawyer. There are several siblings involved who want to divide the estate. However, there are a couple of his siblings and other family, and friends (with no interest in the inheritance) who are willing to speak on my behalf that my uncle wanted me to have the home. Do I have any legal rights if I can prove what his last wishes were, and , if not, how long before my family and I will be evicted from the home by the state? Also, his father left him the house in his will, with all rights as he deem advisable in every respect to the property. Would this have any bearing on any court decisions pertaining to my uncle's estate?
3 Answers from Attorneys
Re: no will
You have no legal rights, but with the support of some of the surviving siblings you can probably negotiate to buy the property at a discount.
Re: no will
Absent a valid Will, you have no rights.
The siblings (which I assume are your other uncles and aunts) are deemed to have acqired the property when your uncle died. They own the reswidence and can do with it as they wish.
Re: no will
No legal rights.
No bearing on the court.
Sorry.
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