If my uncle left me his house and did not mention my brother or sister in the Will, do they have any legal claim to the house?

Also, why does the Will have to be probated? There are no creditors, no bills to be paid from the estate, etc.

Asked on July 2, 2012 under Estate Planning, New York


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

If you are the sole beneficiary of the house in the will, they have no claim. The estate must go to probate to prove the validity of the will, have the Executor appointed, pay creditors and transfer the property to the beneficary.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.