Legal Question in Wills and Trusts in New York

I have a life estate and am also a tenant in common in my family's home. My father passed away in May 2011. The other two tenants in common are my brothers. One of my brothers passed away in September 2011. He was not married nor does he have any children. The beneficiaries in my brother's will are his friends, not family members. Both my father and brother's wills are in probate. My brother left a sizable estate. The beneficiaries were asked to sign a waiver declining the assets of my father which they will now inherit. They refused. Is there anything else I can do as far as my father's assets going to these people? Can I object to their being tenants in common in my family home? Is there anything I can do in the courts to protest this? Thank you for your help.


Asked on 1/30/12, 7:09 am

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

Not really. Your father left a share of his assets to your brother who was living at your father's date of death and therefore entitled to inherit under your father's Will. Even though your brother had no family (spouse or children) it appears your father did not restrict the inheritance to family members, so whomever inherits under your brother's Will inherits in his place. Perhaps they will agree to being bought out at some reasonable price. The value they might be entitled to is reduced by your life estate plus a minority discount since they are only inheriting one-third of the value. I suggest retaining a knowledgeable attorney to assist you in these negotiations.

Read more
Answered on 1/30/12, 8:58 am


Related Questions & Answers

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