Legal Question in Wills and Trusts in New York

My grandmother pased away and did not leave a will. She had three children, one of which (my father) passed away before her death. The only thing my grandmother owned of value was her home in Queens, NY. When she passed away, my uncle was named the executor by the state. He and my aunt signed the house over to the uncle himself (the one named the executor by the state). I was never notified of this as I was out of state and have just been made aware of this. It happened in 2004. Do I have a right to petition the court based on NY State intestacy laws? I thought since my father passed away, his right to make a claim (as a child of the deceased) would be passed on to his children (me). Thanks for any info you may be able to provide.

Asked on 4/04/11, 12:50 pm

1 Answer from Attorneys

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

From the facts you have presented, it does appear that the transfer to your uncle may have been fraudulent. Since your father passed away before your grandmother, one-third of the real property passed upon her death to your father's children. So you have a claim as one of the owner's of the property. I can help you with this. Feel free to call me to discuss the matter.

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Answered on 4/04/11, 12:58 pm

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