Livonia, NY Estate Planning Law Firms & Lawyers

The answer depends on how title is held. If it is held as joint tenants with rights of survivorship, then your father's interest died with him and there is nothing else that would need to be done. Your uncle would presumably be the sole owner, at this point. If title was held as tenants in common, then probate would be necessary for your father and perhaps your mother's estate, as well. It probably makes sense to have an attorney review this entire situation with you.

The executor should change the locks if others have access to the home. He may be responsible for loss or damage. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Who owned the house when parents remarried? If the house was given to one party or the other in a divorce proceeding, then the house would be their separate property, unless they changed the title after remarriage to both of them. Not knowing the legal character of the property, I have to assume the property was separate property of one of the parties; that being said, and there was no commingling of properties after remarriage or title changes, then when the spouse who owns the separate property residence dies, the children of that spouse take the property in equal shares, unless there is some other will provision existing suggesting a different division. Obtain yourself probate legal counsel to assist you in this matter.