Do I have to declare for my father’s estate’s interest in a home where his brother is living in it as a life tenant?

Do I have to declare for my father’s estate’s interest in a home where his brother is living in it as a life tenant?

When my grandmother died left her home to her children but set up a life estate for an uncle. My uncle is still living in the home. My father died with assets under 10k in his estate. However, his is second party on the home title. His share is 1/6 of the home (about $50k) after my uncle vacates the home. Do I need to go through probate court for the home at this point even though my uncle has possession of the home? I am the Voluntary Administrator for his estate.

Asked on July 6, 2012 under Estate Planning, New York

Answers:

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