This particular situation is in New York. My mother-in-law passed away in 2014, and all modest assets (bank accounts, IRA) were evenly distributed to the children; my wife and her brother, leaving only the house where stepfather currently lives.
There is a will, children are named executors and stepfather is not on deed to the house. The deed is only other mother-in-laws name. The will clearly states that stepfather gets only a fixed dollar amount of $15k upon sale of home and the remainder gets split between 2 children.
The executors (children) now want to sell house and are not sure what is the way to go. House is all that remains to deal with. We are told on one hand that probate is necessary, while others say a heir transfer of deed to the children, then subsequent sale of home is all that's required. If probate is necessary, we're now hearing that regardless of what's in the will, the stepfather is entitled to 1/3 of the house-regardless of wishes stated in the will. At this time it's debatable if stepfather will fight for 1/3.
If this went through a probate court, would a judge review the validity of the will and generally side with the wishes of the will itself?
Thanks for your input.
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There is a will, children are named executors and stepfather is not on deed to the house. The deed is only other mother-in-laws name. The will clearly states that stepfather gets only a fixed dollar amount of $15k upon sale of home and the remainder gets split between 2 children.
The executors (children) now want to sell house and are not sure what is the way to go. House is all that remains to deal with. We are told on one hand that probate is necessary, while others say a heir transfer of deed to the children, then subsequent sale of home is all that's required. If probate is necessary, we're now hearing that regardless of what's in the will, the stepfather is entitled to 1/3 of the house-regardless of wishes stated in the will. At this time it's debatable if stepfather will fight for 1/3.
If this went through a probate court, would a judge review the validity of the will and generally side with the wishes of the will itself?
Thanks for your input.
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