found property after probate

[spunkyvagirl]

What is the name of your state (only U.S. law)? New York

Recently, my father came across mineral rights that my grandfather purchased 30 years ago. my grandfather died in 1986. my grandmother died in 1991. my father had a half brother who died in 2007 (same mother, different fathers--uncle from first marriage). Do my uncle's children have a claim on these mineral rights? there were wills for both grandparents but these mineral rights were not mentioned in either. my father is not looking to swindle anyone, he just doesn't want to be swindled. he is meeting with a lawyer soon, but is hesitant to ask him, as he does not trust lawyers (i do, but he's set in his ways)

thank you

 

[InsaneJane]

You trust Lawyers! LOL

 

[Willnysc]

Many wills have a residuary clause that bequests anything that is not specifically mentioned in the will. The first thing you should do is review your grandfathers will to see if it contains such clause, if so the legatee who receives the residuary would probably be entitled to the mineral rights. If your grandfathers will does not contain such clause then any portion of the estate not specifically distributed through the will should be treated as intestate assets (as if there were no will). In NY, intestate distribution first goes to the spouse (your grandmother) and the children of the decedent (your father). Now this is where it gets a bit tricky. Your grandmother would been entitled (if there was no residuary clause) to the first $50k and half the estate and the remainder gets distributed to your father. The mineral rights has to be evaluated for what it was worth at the time of your grandfathers death. Now, the portion your grandmother receives would pass to the person who receives under the residuary clause in her will, if any. If your grandmothers will does not contain such clause then any portion of the estate not specifically distributed through the will should be treated as intestate assets (as if there were no will). In NY, intestate distribution first goes to the spouse (in this case none since your grandfather predeceased) and the children of the decedent (your father and your uncle). The difference here is your uncle will now have rights to your grandmothers intestate portion. Both children would be entitled to your grandmothers portion equally. Since your father is still alive he receives his half of your grandmothers intestate portion and the other half flows to your uncles estate. If your uncle had no will then that portion he would receive goes to his spouse and children. For further information on decent and distribution see NYS Estates, Powers and Trust Law, Article 4-1.1. Or you can consult with the attorney who probated your grandparents will. Goodluck!