Is there a legal precedent for recovering equity in an estate though not a beneficiary to said estate?

My father purchased some real property for me as an advance on my share of his estate 7 years ago. Then 2 years later, I had to sign a legal instrument that the building was purchased by him and was always his. He subsequently died 2 years ago and his beneficiary now owns the real property. All I have is an Excel spreadsheet and some signed loan papers from him that references the transaction. Do I have any claim against the estate to recover my lost equity?

Asked on June 13, 2012 under Estate Planning, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, if the written documentation that you have written about specifically states that you actually are to get a share of the building that you have written about, but such interest was to be as a future gift where title to the property is not in your name, nor is there any Will or trust giving you an interest in the property, from what you have written, you legally do not have an ownership claim to that building.

However, you may want to consult with a Wills and trust attorney about other issues concerning your father's estate and any interests that you may have to it.

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