Legal Question in Wills and Trusts in New York

Wills, Step Children

Father died earlier this year. Step mother of 39 years never showed his 4 children his Will. All assests were jointly owned. Step mother added her son's name (our step brother) to all bank accounts and transfered house to him as a life estate. Step mother recently died and we found out about all this shortly after her death. Everything is now in our step brother's name and he has ''no knowledge'' of my father's Will. Contacted father's attorney who did the Will and does not have a copy. Do we, our father's children, have any legal recourse to our father's assets given the fact we were never shown the will?


Asked on 11/05/08, 10:53 am

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

Re: Wills, Step Children

You might have some recourse against step-brother. If assets are held jointly, they pass to joint owner by operation of law, regardless of Will terms. His mother, adding him and not father's natural children may give you some basis of a claim. Marriage of 39 years puts you at risk of losing everything anyway. Small recourse is language of Deed giving step-brother a life estate. Who has remainder interest under the Deed? You might consider a suit against step-brother claiming a constructive trust for the benefit of the father's natural children. A local attorney familiar with estates should be consulted.

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Answered on 11/05/08, 11:50 am


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