Deborah Wolf Miller's answer Your mother's children have the rights your mother would have had, according to NY EPTL 4-1.1(a)(3), as long as your grandmother had no surviving spouse. Your aunt does not automatically inherit everything.
Ben F Meek III's answer I assume from your questions that there is a valid last will and testament and that your father did not have assets in California that necessitated its being probated. Whether the Will must be probated in NY depends on the nature of your father’s real estate ownership there. For example, if the real estate in New York is owned by your father in joint tenancy with any surviving joint tenant, probate would not be required. The transfer of title would have happened by operation of law...
Michael David Siegel's answer Your question is confusing, but if you are administrator do what you want as the law requires. If there is a will, you can still probate it. The will appears to be the only way you get the house without paying off the family that appears to recognize your claim for paying all of these years.
Elaine Shay's answer Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your choice and inquire as to their best estimates as to the expected amount of fees based upon your circumstances.
Michael David Siegel's answer While there may be a reason to wait, seven months after letters are issued, which is the time for claims, is the standard time to wait. To compel payment, you would need a petition in the court.
Michael David Siegel's answer As next of kin, file a voluntary administration to collect the bank account. Check unclaimed funds to see if there is anything on deposit with New York State. There is no need to keep records of old assets, etc., but this estate needs to be cleaned up.
Elaine Shay's answer If there is no will, the children are entitled to a share of their father's estate. Instead of asking of asking if the actions of your father's spouse are legal, you should consider moving forward with an administration of his estate in Surrogate's Court. This would allow for the appointment of an Administrator to handle things legally.
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