Legal Question in Real Estate Law in New York
Will Execution
My mother in law recently passed away and while going through her items we found a will from her father. The home that she was living in was her fathers and it states that after he dies and after his daughter dies the home that we now live in would be given to all of his grandchildren. We spoke with someone who told us that because this will was not filed at with state courts that the we would need to contact the witness who signed. Once they can verify their signature the will can then and only then be executed. Is that true?
2 Answers from Attorneys
Re: Will Execution
First you need to find out in whose name the house is deeded in. If the house is deeded to the mother in law, the house would pass through her will, not her father's will.
If the house is deeded in the father, the house would either pass under a will or intestate (without a will and under statute).
Without looking at the will that you speak, I cannot comment on its validity. You can telephone this office to make arrangements to send over a copy of the will. However, you must not tamper with the will in any manner (ie. don't write on the will and don't remove the staples).
Mike.
Re: Will Execution
Not always. It is true that if there is no "affidavit of witnesses" attached that the witnesses would have to attest to it's execution, etc.
However, many times the witnesses are unavailable (dead, moved) and the court has a procedure for that situation. (Handwriting, etc.)
So, try and contact the witnesses and procure an "affidavit of witnesses" and submit with petition.
If they are not available, file the petition and explain to the Court (on the proper form)why the witnesses are unavailable and should be excused, etc.
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