Legal Question in Wills and Trusts in New York

My Father died in 2003 intestate in the state of New York. I am his only surviving blood child. His Spouse is not my real Mother. Do I have a claim on any of the real property? and if so are there time limits to make claim.


Asked on 12/12/12, 12:57 pm

3 Answers from Attorneys

Roman Aminov Law Offices of Roman Aminov

As per EPTL 4-1.1, you have a claim to 1/2 of your father's estate (after the initial 50k which does to the spouse). You or your attorney should look into whether there was a will, how the property was titled, and if any proceedings have been brought. No probate or administration can be brought in Surrogate's court without notifying you and giving you a right to contest it. I would suggest you speak to an attorney. Many, including myself, offer a free consultation.

Read more
Answered on 12/12/12, 1:14 pm
David Slater David P. Slater, Esq.

There are no time limits. Was an estate set up by his spouse? What happened to the real property?

Read more
Answered on 12/12/12, 1:14 pm
Walter LeVine Walter D. LeVine, Esq.

First place to start is a review of the Deeds. Unless the title in the Deeds is in your father's name alone, or the title, if your step-mother's name is on the Deed, says "tenants in common", you will have an uphill battle in raising a contest, The Deed registration controls possible inheritance and unless you can prove undue influence or some other basis to overturn the registration, you may not inherit anything.

Read more
Answered on 12/12/12, 6:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York