What is a claim ahainst estate property and how does it work?

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What is a claim ahainst estate property and how does it work?

My dad passed 7 years ago with no Will. He was married to my mother for 20 years. My mom wants to sell the house and was told she could not because she had 2 years after dad passsed to put the deed in her name. Also, she was told that she technically does not own the house and to put a claim in. What are my mom’s chances of having ownership of the home that she’s lived in for 20 years?

Asked on March 28, 2012 under Estate Planning, New York

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

Get an estates attorney for you mom as this makes no sense.  This should have been done years ago and you better get on this immediately.

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the issues that have resulted.  I think that you should seek help from an attorney - or anther attorney if you got this info from one already - to clarify what is going on becuase something does not sound right.  I am assuming that the house is in your father's name alone, correct?  Without a Will it would pass under the intestacy statutes and depending on the size of his estate, etc., she would share the ownership with you and other siblings.  So selling it means that the estate has to be placed in to probate and a person has to be appointed as the administrator.  That person has the authority to sell the house and then distribute the proceeds.  It is too difficult to give guidance in this forum with out seeing all the paperwork involved.  Please get help.  Good luck.  


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