Legal Question in Wills and Trusts in New York

My father died 20 years ago and his will was not probated. We are in process of selling a property out of state to which the deed was written incorrectly and we now need to probate the will. Question; My father had 3 biological children he gave up, and who were adopted over 45 years ago. He had no legal responsibilities or saw them again after they were adopted. Do those children have any legal claim to the property we are currently trying to work out the deed issue with? The way the deed was written didn't automatically pass the land to my mother when my father died. They each posess 50% of the property and my dad's 50% is supposed to pass to his kin. My brother and I would gladly turn our shares over to our mother but not sure about my father's portion if his other 3 children are entitled at this point, or if they would do the same.

Asked on 10/25/12, 12:06 pm

David Slater David P. Slater, Esq.

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They would have no claim.

Answered on 10/25/12, 1:32 pm

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