Where do we begin? Please help

[siggiejackie]

The state or country I am talking about is: New York

Hi
My parents died 4 years ago seventeen days apart and they owed a two family house. Since there death my sister has taken over the house. We've all agreed that we are willing to let her buy us out but there are some issues.
First there originally where three brothers and two sisters, one of my brothers died before my parents so is his family entitled to a share ?
Second my other died 3 months after my parents is his family entitled to a share?
And last but not least how do I begin this process

 

[NYClex]

It depends if there has been a will or not. The process to figure out who gets what is called "probate." This is the New York law for probate: http://assembly.state.ny.us/leg/?cl=38. Article 4 Part I describes who gets what if there was no will.

Since reading the law might leave more questions than answers you might want to read this short introduction to probate law first: http://estate.findlaw.com/probate/

You might conclude the best way to start proceedings is to consult an attorney. You would want to look for a "probate attorney"

 

[lwpat]

And last but not least how do I begin this process

The best way is to take a certifed copy of their death certificates down to the probate court and discuss it with a clerk. They cannot give you legal advice but they can tell you the law. Since real estate is involved you need to retain an attorney to be sure that the property is properly transferred and the deeds recorded.

This will be much easier if you have already opened a file and had yourself named as the personal representative of both their estates.

If they did not leave wills then the property will transfer according to "intestate" law. Normally the family of the brother that died before your parents would not be entitled to a share but the right thing to do would be to include them. The sister that has been living in the house should also be responsible for paying a reasonable rent to the estate.