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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.