Bellvale, NY Estate Planning Law Firms & Lawyers

The personal things you should give to your kids during your lifetime. You can create a will that leaves all to your kids, but your spouse will have the right to "elect against the will" when you pass away, claiming her elective share of your estate, which is based on the length of time you have been married. If you disclaim the inheritance from your mother it will pass as though you had died before her which may work, but you cannot change the way the property passes if you disclaim. You could ask your mother to leave the property to your kids.

Hi there, The estate will be distributed according to the Will, but your step-mother can file a right of election, which means she will be entitled to $50K or 1/3 of the net estate, whichever is greater.  Alice Choi, Esq. (achoi@novicklawgroup.com)  

If your father who passed away 25 years ago is still owns an interest in the home, then it appears that your grandmother's estate was never probated, or if probated the title to the home was transferred by the court to your father and your uncle. It sounds like title to the home that was in her name was to be pass to her sons (presumably 2, your dad and your uncle.) Whether this was done and completed needs to be investigated. You need to obtain a preliminary title report to verify who is on title and all other liens on the property. If you father is on title, and there is equity in the property, then you need to, through court proceedings, clear title to the property. Before you spend the money clearing title however, you need to look into the economics of who is in possession of the properety, who is using the property, who is paying the real estate taxes, who is paying to clear the title, etc. Presumably title to the property is most likely to be, or is, held by your father and your uncle as tenants in common. If you uncle has resided on the property and pays the real estate taxes and expenses, he cannot obtain title by adverse possession from another covenant. However, there are credit and debit adjustments that need to be made to reflect use of the home and the payment of the home expenses referred to above. Before you start to spend any large sum of money to clear title, you need to have fully investigated the current title and performed the economic analysis discussed above.