Legal Question in Elder Law in New York

My uncle died without a will 10 years ago. His wife recently signed legal papers surrendering all her rights to his estate, including his house, which effectively leaves my uncle's house to me. In return, I've been letting her live in the house (as a gesture of gratitude, which is the least I can do). Now she's hospitalized with an injury she suffered in a fall inside the house, and her relatives are threatening to sue the "owner" of the house (which is my deceased uncle's estate). She is unresponsive. I am beside myself with anxiety over this. Are they going to collect for injury? Isn't there some kind of insurance for this?

Asked on 5/17/12, 11:30 pm

3 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Is there an active homeowner's insurance policy on the property? Why is the Estate still open and not settled? Don't you and your uncle's wife have attorneys?

Without insurance, your uncle's estate will be personally liable for any negligence that occurred on the property resulting in injury.

If you don't have legal counsel, you should retain a lawyer immediately to protect your legal rights.

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Answered on 5/18/12, 3:19 am

Lori Somekh Somekh & Associates

When you say his wife signed legal papers, was an Administration Proceeding done, and did she file a renunciation? Hopefully, there is a homeowner's insurance policy. You should retain counsel immediately to help you sort this out.

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Answered on 5/18/12, 7:49 am

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