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

Q: My dad passed on August 20 2021 and my mom passed on June 27 2021, i live in my dads house and have since 1995 this has

been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have a will and both of my parents are now deceased.

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

A: It depends what the deed says. If it was your dad's house alone, then your step siblings with the same father share equally to you, and they can ask that the house be sold. You should become administrator of his estate to gain control of the process.

Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: When there is no Will, it is called Administration. But it works similarly to Probate. If an estate has not been established yet, one will probably be needed. If the house was in both their names and was bought when they were married, the survivor of the two would be 100% owner; your dad it appears. However, an attorney should look at the deed and go over the facts with you before you take any specific action. Without a Will, all your dad’s children would have an equal interest in his property.

1 user found this answer helpful

Bonnie Lawston
Bonnie Lawston
PREMIUM
Answered
  • Estate Planning Lawyer
  • Huntington, NY
  • Licensed in New York

A: If the deed was held as husband and wife, with rights of survivorship, then it passes to the last spouse, your father who died after your mom. Your father’s children share in his estate. You can buy them out at fair market value and save on broker fees and other.

1 user found this answer helpful

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