New York, NY asked in Estate Planning and Probate for New York

Q: Hi:The father of my children bought a property in PR cash and passed away with out doing a deed. What happens now

We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Estate Planning Lawyer
  • Commack, NY
  • Licensed in New York

A: If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in PR bewcause that is where the property is. You should contact an attorney.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You need to find out if a probate proceeding was started in PR. If not, you may have to start one on behalf or your children. You will have to prove that the deceased is their father. You should speak with an attorney licensed in PR as this is not a NY question.

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