How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35859
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

My father died in 1991, he had a wiil and appointed myself

Customer Question

my father died in 1991, he had a wiil and appointed myself and his girlfriend as co-executor, which I was not aware of until now.This person transferred the deed to her son. was this legal and can I do anything about this
JA: What state are you in? It matters because laws vary by location.
Customer: bronx new york
JA: Has anything been filed or reported?
Customer: I DO NOT KNOW ,I live in florida and will be coming to ny on mon.So I can locate the will and original deed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Did anyone ever file a probate case to settle father's estate?

.

How has this come up now, 26 years later?

.

What did the will say about who was to inherit the house?

,

.

thanks

Barrister

Customer: replied 3 months ago.
The reason this came up now is because my aunt informed me,i was under the impression that she could live in the house until she dies.i dont know if anyone filed this with probate. I understand her son is trying to sell the house
Customer: replied 3 months ago.
I can not afford the additional money at this time. Just need ans. to the above and then I will go to court and try to find the deed and will
Expert:  Barrister replied 3 months ago.

Those phone call offers are not generated by me, but rather by the JustAnswer website. I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

.

Just a few minutes while I type out my response..

Customer: replied 3 months ago.
THANK YOU
Expert:  Barrister replied 3 months ago.

Ok, this is the problem that you are going to run into here... The only way the girlfriend could have deeded the house over to her son would be if she filed a probate case and was appointed executor of the estate. Then she could have a deed prepared from the estate over to her son.

.

Should you have been notified about the estate being opened??....yes, definitely. But the problem is that this probably happened 24-26 years ago and the NY statute of limitations on fraud and breach of contract is only 6 years.

,

So even if this was completely fraudulent and not what the will said was to happen, the time to challenge it has long since passed.

.

I realize that this stinks and I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
normal">