Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.
The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?
A: If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that she passed or had other children. If you husband is appointed the Administrator of his Estate he can commence an ancillary proceeding to transfer the property in Puerto Rico.
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