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NY probate procedures for dying intestate, what is the process of filing a Will contest

My sister died without a will in Nov. 2007. Her husband just dies, also without a will, on Christmas Day 2008. Prior to her death she told my sister and i that she wanted us to have her collection of crystal. Se was only married for 11 months.01/07 thru 11/07. The crystal has been removed from the house by his sons. Can the crystal collection be considred as pre-marital assets, as the last piece she aquired was in 2005. Do we have a case against his estate to recover the crystal?

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Attorney answers (1)

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Reputation Level 13
Sadly, since your sister died without a Will all of her assets passed to her husband. Since the husband also died without a Will, his assets passed to his distributees (next of kin). It makes no difference whether the crystal was acquired before or during the marriage.
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