Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any
claim to her share of the property?
A: Basically that depends on two factors -- how title to the property is held and whether your mother has a will.
A:
It depends on a number of things:
1. What title on the property is - if you are on title then you have a claim to at least part of the property
2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will is admitted to probate, you have no claim.
3. If she has a Will is the property bequested to a specific recipient - if the Will says the property goes to a specific person, other than you, then you likely have no claim even if you are named a beneficiary elsewhere in the Will.
4. Did your step-father and mother have a prenup in which he waived his right to an elective share of your mother's estate
5. The value of her overall estate. The value of the estate might affect how the property is distributed, whether to your step-father or to whomever the Will says it would go to, regardless of the Will
6. If your mother left no Will then her estate would pass to her husband in part and the rest to you and any other children she may have had, including you. That would give you a claim to a share.
A: Depends on how the deeds are drawn. Only if she is a tenant in common.
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