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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38168
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am in the process of filing for Probate Administration for

Customer Question

I am in the process of filing for Probate Administration for my Fathers Estate -in a about a month . He did Not leave a Will <written>. Only a "verbal Writ" as he told the Lawyer(on a telephone session) I hired, to leave his house and Property to me & my 2 brothers . What can I do in order to save the house for us 3 (or 2).????
JA: Estate laws vary by state. What state are you in?
Customer: NY
JA: What documents or supporting evidence do you have?
Customer: supporting evidence would be 2 drafted forms of a will the Lawyer sent OUT to our house , that He never had signed . And The Telephone Conversation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: before you connect me????? what is that Procedure????
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month 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 type out an answer or reply.

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Was father married at the time of his death?

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Are you 3 the only children?

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And there is no signed and witnessed will, correct?

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thanks

Barrister

Customer: replied 1 month ago.
No there are 4 children (2 out of area ) -My mother deceased before he did. Yes No signed or wittnesed will -BUT drafted Up will and Verbal "writ"
Expert:  Barrister replied 1 month ago.

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...

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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:

  1. a member of the U.S. armed forces while in actual military or naval service during a war, declared or undeclared, or other armed conflict
  2. a person who serves with or accompanies an armed force engaged in actual military or naval service during war or other armed conflict, or
  3. a mariner while at sea.

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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.

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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.

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thanks

Barrister

Expert:  Barrister replied 1 month ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister