I inherited 1/3 of my fathers house but my he sold the house before he passed and banked the money from the sale. Am I entitled to 1/3 of the proceeds.

He has passed recently and the money from the sale of the property is in his bank account.

Asked on December 15, 2017 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If an asset is not part of the Probate Estate at the time of the decedent's death then generally speaking, you can do nothing about it.  A person has the right to transfer their assets prior to death if they choose, so long as the transfer was done freely and the testator was of sound mind.  Did he write a Codicil prior to death advising that he wished the proceeds of the sale distributed in the same manner?  What about the Residuary Clause?  Please seek legal help with a copy of the Will.  Good luck.

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