Legal Question in Wills and Trusts in New York

equitability of a will

my sister recieved 2 rental properties in my fathers will. I recieved another house. She feels the home I recieved is worth more than her 2. I feel the rental income she will be recieving from the 2 houses she was given should be considered in the value of the homes. Does probate take rental income and consider it as part of the value of the homes and or the estate?


Asked on 2/06/09, 11:04 am

1 Answer from Attorneys

Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: equitability of a will

If your father's Will specifically left the two rental properties to your sister and specifically left the other house to you, then there is no need to determine the value of the properties. There is no requirement that the property left to each beneficiary be of equal value. In other words, whatever your father gave each of you in his Will is what you get; no more no less.

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Answered on 2/06/09, 11:22 am


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