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

Q: My uncle failed to probate his mothers will for his personal gain of use of her property and passed away 7 years later.

My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
  • Estate Planning Lawyer
  • Ponte Vedra, FL

A: If the will is accepted by the court for probate your uncle would be entitled to what he was given in the will and it is not dependent on the fact that he didn’t file the probate.

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