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In the case of divorce and spouse remained in the home due to physical custody of children until they reached 21 years old- the children's mother died when they were 18 and 20.
As it applies to New York- what rights does the children's father have?
Does the father own the home solely?
Are the children entitled to their mothers share?
What are the children entitled to other than what is specified in their mothers Last Will and Testimony?

jameshogg · Posted: Thu Nov 12, 2009 8:48 pm Post subject:

Hi michelleapyoung,

If the husband's name is still on the property deed, then he can claim his share from the property. The children can claim their mother's share of the property by filing an affidavit of heirship if she has left no will. If there is a will, then it needs to be probated first and then the property would be divided accordingly amongst the children.

Thanks

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Divorce: spousal custody of home because of children