Q: Mom passed .4 kids 2 own homes so house was put with other 2 kids & mom.Verbal Understanding to be divided equal
Will not let us see will. How do I get the name of laywer? Now 2 with name on house are saying it's theirs, and we have no claim because it is is their names. What do I need to do? We have allowed them to live there rent free 5yrs.using other $ left to pay taxes. Put that way so homeowners didn't lose their star programs.
A:
Your question is a bit confusing- if mom passed who doesn't let you see the will? Other siblings?
I would need to see feeds to all 4 houses first to see how it was recorded. If the name of sibling was there and there was a right of survivorship the sibling gets the house outside of probate proceedings and will doesn't apply.
Second we would neeed to see if there is a will and if it exists it governs.
Now Star exemption that you mention would only apply to 1 house which is a permanent residence of someone over 55 years of age (like your mom). Doesnt apply to all 4 houses.
You really need to have estate attorney deal with this issue.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
Barry E. Janay agrees with this answer
6 users found this answer helpful
A: The "understanding" is now irrelevant. The house will pass the way it is held and/or by the will. As a kid, you must be provided a copy of the will in connection with the probate. Do not sign a waiver if you are not. If the will is not probated, you can file an administration (no will) and see if the will is filed in reply.
Barry E. Janay agrees with this answer
A: You can lookup the deeds to find out how the property was held and like the other attorney below mentions, you can start an administrative proceeding in the surrogates court where your mother passed or where the property is located and see if anyone files the will as a reply
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