what is considered inheritance

[wenbee]

What is the name of your state? new york

Question: if a parent dies and leaves property, but does not leave a will, does this fall under inheritance? Neither parent left a will, but left some property. Can my STBE claim this property as marital assets?

I posted this before but the wording was incorrect.

[nextwife]

If the property was inherited, and there was a no will, the only legal way to come into title was via intestate probate. So, if the property was transferred via intestate probate, and not COMINGLED with marital property, it would remain seperate property.

When was probate completed? Was the property free and clear?

[wenbee]

Thnaks for rthe response. the property in question is not free and clear, plus has parents siblings on the deed. probate was not completed. the person I hired to do this was a relative and i found out did not completely finish the process, so basically i need to start over.

[nextwife]

A. Then you have not inherited it yet.

B. If siblings are on the deed, the manner in which they held title is of critical importance. HOW was title held between them EXACTLY?

Their respective interests may belong to their respective estates (if they are deceased), if held as Tenants in Common, for example.

ARE the siblings alive, or deceased. If deceased, has each of their probates been done?

Why do you presume YOU are legally entitled to this property?

[wenbee]

Originally Posted by nextwife

A. Then you have not inherited it yet.

B. If siblings are on the deed, the manner in which they held title is of critical importance. HOW was title held between them EXACTLY? All siblings are still alive, All siblings are listed on the deed as owners.

Their respective interests may belong to their respective estates (if they are deceased), if held as Tenants in Common, for example.

ARE the siblings alive, or deceased. If deceased, has each of their probates been done?

Why do you presume YOU are legally entitled to this property?

- why wouldn't I be legally entitled to this property since my father left no will. this is a question, not a challenge.

So all said and done, since his estate has not been probated, there is nothing for the STBE to grab hold of?

[nextwife]

BECAUSE, each sibling on title may potentially have heirs entitled to their interests. OR If there are living siblings on title, and the property was held between them in a certain way, a decedant's interest passes to the SURVIVING JT TENANT.

Additionally, your parents interest may have other additional heirs entitled to an intestate share of your parent's share. And there could be creditors who have a claim to be paid out of the intestate estate. WE have no idea. But you can't just presume that 100% of the property would go to you, and you alone, when there are multiple owners with potential heirs.

You never stated how title was held, so I'd have no idea. But I suspect you may not, either.

Also, if you comingle marital funds into seperate property, you may possibly erode it's seperate property status.