Legal Question in Real Estate Law in New York
Whose house is it?
My first cousin died in 1996. She owned a house jointly with her spouse. He has also died. There are no heirs on his side of the family. She, my cousin, has no children but she has many living 1st, 2nd cousins, etc. There was no will. Whose house is it?
2 Answers from Attorneys
Re: Whose house is it?
Since the house was owned jointly, it passed to the survivor upon your cousin's death. Upon the syrvivor's death, it goes to his heirs, and, if none, to the state.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.
Re: Whose house is it?
Because your cousin died without a will. Who gets the house or any other property is determined by the intestate statute of where they died. Generally, its parents, spouses, and childrenare the closest relatives and tend to inherit under the statutes. However, the law does cast a wide net including cousins.
If she died in 1996 who has occupied the house since then? Was either spouse's estate probated. Even if there wasn't a will an estate is probated.
Feel free to contact me. (its free) If you have any questions, John
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