Legal Question in Wills and Trusts in New York
wills and inheritence
My grandmother and mother were joint owners of their house. My granmother was actually my mother's step mother. My grandmother passed away in 1992. She left a will which has never been probated. The will states that all her property go to my mother and father. I have been told that because my grandmother was not my mother;s natural mother, in order to probate her will, I must find all her blood decendants. Is this true, or is the will enough to probate the property?
3 Answers from Attorneys
Re: wills and inheritence
You will need to give notice to certain/limited blood relatives but this is standard and not because she is a step mother.
If your mother held title w/ grandmother as joint tenants with right of survivorship, you do not have to probate the house as it passed 100% to your Mother on grandmother's death by operation of law and your Father will not inherit any part of it.
If they held title as Tenants in Common, you will have to probate her 50% share, which your mother and Father will split giving your Mother a total interest of 75% ownership and your Father 25%.
Re: wills and inheritence
If the deed to the house lists your grandmother and mother as "joint tenants," then you do not need to probate your grandmother's will. If not, then you must probate the will, and you will have to send notice to your grandmother's closest surviving relatives (as defined by law). Email or call my office for a brief complimentary consultation.
Re: wills and inheritence
Two facts are missing: What is the exact way the Deed reads and who is named as Executor in the Will? If the Deed reads your granmother and mother as joint tenants with right of survivorship (or JTROS) the Deed registration makes your mother the absolute owner by its registration. If it just names the two of them, with no survivorship designation, the Will must be probated to put the balance of the house in your mother's name. Only the person designated as the Executor in the Will can probate it, if alive and competent. If the Executor cannot be found, a procedure called Administration with the Will Annexed can be initiated, in which case your grandmother's natural relatives are the first eligible to qualify, although they can disclaim this right in favor of your mother or you. If you can get me copies of the Deed and Will I can give you better suggestions.
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