My dad died without no will 4 years ago. Recently there is a investment property that is almost finished building that he invested in years ago. After speaking with my step mother, she refuses to split the property to my father’s 4 sons and wants to keep it in her name. They were not legally married and she is the mother to 2 of my brothers. I’m not sure what my options are. I just want to split the property 4 ways.
If your father passed away with no Will and no wife, then his children are the legal beneficiaries of his estate. It is important to realize what is in his "estate" and what is not. For example, any investments, bank accounts or houses that he owned as a joint tenant with rights of survivorship (JTWROS) would go to the surviving joint tenant. You require the advice and guidance of an attorney experienced in the area of probate law. There are plenty in NYC and you should seek one out. Good luck.
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