Q: Step father just died mom died in 2007. what Are my rights to property if Lu after step fathers name on tax records
Only me , my sister and 1 step brother left in family . Berkshire elderly law talks of remainder ownership does this include me and my sister? Property has been in my mother’s family for over 100 years . This is in canton new york
A: Generally, regardless of the length of time the property may have been in the family, rights to the property depend on the ownership interest as reflected on the deed. Tax records are not always accurate. If the owner had a will that is probated, the property will be disposed of as directed by the will. If no will, an Administration can be commenced in Surrogate's Court and the deceased owner's heirs will benefit from the estate. You can get more information on Surrogate's Court proceedings by starting here: http://www.nycourts.gov/courthelp/whensomeonedies/index.shtml
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