Ask a Lawyer and Get Answers to Your Legal Questions
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 type out an answer or reply.
Was father married at the time of his death?
Are you 3 the only children?
And there is no signed and witnessed will, correct?
Ok, there is no such thing as a verbal will so if he had no written, signed, and witnessed will, he had no will regardless of what conversations he had over the phone with an attorney. NY law is crystal clear on this topic...
Only in a few states are courts willing to even consider the claim of an oral will. New York is one of them; in that state, a nuncupative will is valid only if it was heard by at least two witnesses and it was made by:
So without a written will NY intestate law will control how father's estate is divided and if his wife is deceased, then the children will divide his estate evenly as a matter of law.
With that said, whoever files to be appointed as Administrator of the estate will have a legal duty to either transfer the house into all 4 children's names or to sell it and divide up the money between all the children evenly after all estate expenses are paid.
I just wanted to touch base with you and check in.
Did you have any further questions I can help with?