Legal Question in Wills and Trusts in New York

If a relative dies leaving no children or spouse and no will.. what happens to the house?


Asked on 1/29/10, 12:31 pm

3 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

NY State law provides for intestate succession. Parents and then brothers and sisters or their children would inherit in the order specified in the statute.

This assumes the house was titled solely in the decedent's name and not jointly with another.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 2/03/10, 12:39 pm

The NY Intestacy Laws will control who would be entitled to the person's property.

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Answered on 2/03/10, 12:42 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Arnold and Mike. I would need to see the actual Deed to provide a more detailed answer.

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Answered on 2/05/10, 10:51 am


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