Children upon Death of Parent

[sfbreen]

My mother and father were divorced. Soon there after, my father was remarried. He had remarried a woman that came into the marriage with a lot of baggage. (Children and debt) Upon remarrying, he made out a will stating that 100% shall go to his children. (myself and sister) My father was the sole provider and purchased a home and had a nice truck and Harley Davidson motorcycle and cash in the bank. In July 6, 1996 my father had past away. 4 months later, she had a new man living with her! (In my fathers home! That is a slap in the face)

At the time, I was 17 years old and my sister was 14. In court, my fathers new wife was able to take everything. She got the cash, home, vehicles, all furniture, pension from GM including all benefits ...everything literally.

From what I understood then, it was NY state law that a husband could not exclude a wife and therefore his WILL would not apply. Thus, my sister and I were left nothing.

I feel I was cheated and am upset with his wifes actions (to say the least) My father works his entire life, explicitly states that his assets should go to his children, and NY state made the will void.

Today, is there anything that could be done to justify this? I know it has been quite some time since this happened.

 

[lwpat]

You need to check with the probate court. Get a copy of the file and find out exactly what transpired. Then check with an estate attorney in NY. Normally you would not be able to do anything but there may be a loophole since both of you were minors.

 

[Deborina]

Children Upon Death of Parent:

I can definitely relate your problem. My father passed away 9 years ago, and my stepmother - just a few days ago. It was our understanding that the house would be turned over to us (5 children) after our step-mother passed away. My father had all 5 of us on the deed to the house - as well as my stepmother.

There was also an intestate dated 1997 that stated that upon my stepmother's death the house would be divided 50-50 between us and my stepmother's 3 children. My stepmother's daughter mentioned to me as I was leaving the funeral home that she wanted to talk to me as she was planning to put the house on the market. This was something I was not expecting to hear the 1st night of her mother's wake. I told her that I would discuss it with her soon.

We aren't exaclty sure what our rights are here now. Also, my sister who was Executrix for my father's estate lives out-of-state now and is unable to come back for this. We are going to approach another family member to assist us...(we are in NY) but as far as the house...and it's eventual sale...do we have any rights rights now in assisting with its sale..?
Are we allowed to be in the house when it is being shown?

I apologize for this message being so long...but I can definitely understand what you are going thru. - Deborina

 

[lwpat]

If your names are on the deed then you each own a share of the house. The will has no effect. Contact the courthouse and get a copy of the deed. In some areas you can locate the information online through the couny's website.

 

[Deborina]

RE: CHildren Upon Death of Parent:

I have the deed information. It is the Indenture filed in 1997 that seems to be messing us up here. It does state 50-50 between us and the life estate of my stepmother... but that was not what my father's will stated. It states that his wife "retains a life estate allowing her to occupy the premises for the rest of her life." And then it lists the 5 of us. My sister who is the Executrix signed it. It looks like the attorney who was "advising" my sister was not looking out for our best interest. It doesn't look like there is any way we can contest this now. And the Indenture from 1991 doesn't say anything about a 50-50 split. It just lists them as "tenants in common and not as joint tenants, or tenants by the entirety."

Is there anything we should know and be prepared for regarding the impending sale of this house? And not knowing what my stepmother's will contains...we could be in for even more problems.

Deb

 

[lwpat]

tenancy in common
n. title to property (usually real property, but it can apply to personal property) held by two or more persons, in which each has an "undivided interest" in the property and all have an equal right to use the property, even if the percentage of interests are not equal or the living spaces are different sizes. Unlike "joint tenancy," there is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. Thus, unlike a joint tenancy interest, which passes automatically to the survivor, upon the death of a tenant in common there must be a probate (court supervised administration) of the estate of the deceased to transfer the interest (ownership) in the tenancy in common.

If your name is on the deed then you own a portion of the house. If your stepmother is also on the deed then only that portion will pass to her heirs. You cannot will to someone what you do not own. The recorded deed governs ownership. If she only had a life estate then none of the property will pass to her heirs since a life estate ends at death. Take all of the paperwork to an attorney.

 

[Deborina]

Thank you for your reply. I still have a few questions. The indenture...which stated a 50-50 split between my father's heirs and stepmother...when talking to my sister who is Executrix for him...said she didn't even remember signing it....we all were given various papers to sign...yes we did read them...but it was conveyed by my late uncle who hanlded some of my father's affairs that the attorneys he went too.."didn't do right by him." We were never able to find out what they said or did. Only thing I can think of is they misinformed him on certain points regarding the house. My sister also came up with a very interesting question. She wondered that if any cosmetic changes were made in the home after Dad's death...if we were responsible for them or my step-mother. We were all on the deed but not on the mortgage. She was able to get new carpeting throughout the house...would that be something we would be responsible for?

Another question is my sister was Executirx - would she have any responsibilities regarding the impending sale of the house, and what would they be? In that she lives in Washington State...she would appoint my cousin as her proxy to act in her behalf. And should an Executrix/Executor be needed - what would their responsibilities be now?

I am quite sure my step-sister will have an attorney to protect their interest - frankly I would be surprised if they didn't. We want this to be amicable between all of us, but could you tell me exactly what an attorney would do for us in protecting our interests regarding the house? I have not really dealt with an attorneyfor something like this...would their fee ultimately come at the end once the house is sold...or do they normally get paid upfront? I have been told most attorneys receive their fee when they have finished with a case.

I was talking with my sister befor posting this and I know I haven't even begun to post some of her questions...but I told her about this forum and she suggested that I could pose them to you 1st. I would appreciate any thoughts on this...and thank you for the previous replies...she said it sounds like I got more info. from here than anywhere else !

Deb