Who would get ownership of an estate in this scenario

[darkmark]

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

I'll be as brief as possible in this situation as it is a bit involved. My father in-law bought a home in 1975 and it is currently paid off. He divorced without losing any property or finances in 1990 and remarried in 1991. His will states that when he dies his estate (which aside from a condo in Florida is in his name only) will be turned over to his 3 children to do with what they want. His new wife never paid for any of the upkeep, utilities, insurance, mortgage, etc. My question is this bluntly. If he dies tomorrow, do the children have the right to the property or does she?

 

[You Are Guilty]

I'm afraid you have some reading to do (it's long, sorry). EPTL 5-1.1:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=17028305+&TARGET=VIEW

 

[darkmark]

It's a start and I truly appreciate the link!

 

[valeriekay_21]

You also have to worry about her passing away. My grandpa owned a house for many years before he got married. The woman's name was not on any paperwork. When she passed away her children were able to stop my grandpa from doing anything with his house and land because some how by law it also belonged to their mother. Basically they wanted "there payoff" before he could do anything. And they all wanted WAY more money than what any of it was worth. 15 years later and the house still sits there rotting away. The state was also fighting them at one point because they needed a piece of the land for a highway and the kids refused unless they each got $$$$. Needless to say the state won that one and just took the land they needed. My grandpa thought it was hilarious.