new york intestate succession

[midtowngct]

Please help, I'll try my best to be clear...

New York. My Aunt Doris and Uncle Byron owned a house together (I have a copy of the deed). Uncle Byron (d. 1982) predeceased her and did not leave a will. Aunt Doris died in 1986. They did not have any children. Aunt Doris' parents predeceased her also. Aunt Doris' only two siblings: Uncle James (married to Olive) and My Mother (divorced) were living at the time of Aunt Doris' death. My Mother and I moved into the house that was owned by Aunt Doris at the time of her death. Uncle James died in 1988 (survived by his wife Olive). Uncle James and Olive did not have any children. Olive died in 1994. My Mother died in 1999. I have been living in the house since 1986.

I believe I am entitled to a percentage of the house. I am wondering if I am entitled to 100%.

I am ready to move from the house and need to know what has to be done to effect a lawful sale. Is one option to petition the court for Letters of Administration? I just don't think there is going to be anyone to dispute my ownership of the house.

UPDATE: I should add that none of the family members had a will. Olive's estate appears to have had an "Administrator" and "Executor".

Thank you,

Carl

 

[seniorjudge]

New York Intestate Succession Laws

If any part of a New York decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by issue (i.e., descendants like children and grandchildren).
* If the decedent is survived by issue, a surviving spouse gets the first $50,000, plus one-half of the remaining property in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's issue, taking by representation.
2. Decedent's parent or parents equally.
3. Issue of decedent's parents, taking by representation.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or immediate issue of grandparents (i.e., decedent's aunts and uncles), half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents (taking by representation) if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would. For purposes of this category, issue of grandchildren does not include issue more remote than grandchildren of such grandparents.
5. Great-grandchildren of decedent's grandparents, split one-half to the great-grandchildren of the paternal grandparents side and one-half to the great-grandchildren of the maternal grandparents side, with per capita distributions to each side. If there are no great-grandchildren of grandparents on one side, the whole amount goes to the other half (and still split per capita).

3. State of New York. If there is no taker under any of the above provisions, the intestate estate passes (escheats) to the state of New York.

New York Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* For purposes of eligibility, relatives conceived before a decedent's death, but born thereafter, inherit as if they were born during the decedent's lifetime.
* A parent that has refused to support or has otherwise abandoned his or her minor child (under age 21) cannot inherit from that child via intestate succession unless the parent resumes and continues their parental relationship up to the child's death. An exception does exist, however, where the parent is not at fault due to a fraudulent or deceptive adoption that results in the child being neglected.
* New York's intestate succession laws, as well as other related laws, can be found in Chapter 17-B of the New York State Consolidated Laws.

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