Legal Question in Wills and Trusts in New York
What happens when a husband dies and everything is in his name. House, cars...everything has only his name on them. There is a will stating the wife is the sole beneficiary. Does she get everything free and clear? How does she go about getting her name on these things after his passing?
2 Answers from Attorneys
The will controls the disposition of assets (who gets the stuff). If there are liens and mortgages in place, they typically stay with the property. For example, if the will leaves the house to Mary, Mary gets the house, but still has to pay the mortgage.
As for what to do, the will needs to be filed for probate. This is a process where the person who has the will goes to court to prove that the person who wrote the will is deceased, the will is valid, and to begin administration of the person's estate.
Dave
She must petition the Court in the County the decedent lived to have the Executor named in the will appointed. The Executor gathers the assets, pays creditors and transfers title.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
