Will has not been probated/10 yrs passed

[wisper70]

What is the name of your state? NY
My grandmother passed 10 years ago. She named me executor in her will and left the house we live in to me and my brother. I have lived in this house most of my life.
She has a daughter and another grandchild,who live in another state, but purposely left them out(stated in will).
SInce then they have not spoken to us because they wanted us to sell the house so they could have some of the money.
We never went to probate because we were afraid they would fight it. So I live in the house, my brother has moved away. I pay all the bills, taxes etc. there is no mortage.
The insurance and all the bills are still under her name, I just pay them. The home insurance is under her name also, can I put this in my name even though we have not gone to probate?
How long can I go on this way? I assume if we probate the will, they will have to contact my Aunt, her daughter?
I cannot get any of the tax benifits from this house, taxes etc. because my name is not on the deed, correct?
Any help/advice is greatly appreciated

 

[moburkes]

Yes, you can open probate. NO, your aunt doesn't need to be contacted. Yes, you can receive the tax benefits.

 

[wisper70]

So you are saying that I can probate the will and they will not contact my Aunt ?
WOndering if you can elaborate alittle?
The property taxes I can write this off?
Also do you know about the house insurance, can I put this in my name, I don't think I can.
Thank you for your reply

 

[Dandy Don]

You have been worrying needlessly about this and you really didn't need to.

Since the aunt is not a beneficiary in the will, she is not a legal heir and will not need to be notified. There will however be a public notice in the newspaper that the estate has been opened and if someone who sees the public notice knows her that person might notify her about the proceeding, but that probably will not even happen.

Contesting the will would be expensive for the aunt and she may not even want to do that.

You need to take the will to a probate attorney to have him examine it to see how strong the language is. The disinheritance clause is probably strong enough to withstand any challenge that the aunt might want to make, thus making it not worth her time to even try to contest.

After probate is finished, then the deed will properly show the new heirs names. Whoever is executor can handle the home insurance matter.

DANDY DON IN OKLAHOMA ([email protected])