Legal Question in Wills and Trusts in New York
My estranged father passed away without a will. I realize everything will need to go through probate. As his only child is their anything I can do during that process to see that any proceeds go to his sister instead of me?
2 Answers from Attorneys
If your father passed away without a will, and resided in NY, his estate will have to go through an administration, which is what happens for those who pass without a will. NY's intestacy statute, EPTL 4-1.1, would dictate the distribution of the estate. You should speak to an estate attorney to learn your rights. Many, including myself, offer a free consultation.
I agree with Roman that the probate process will be administration and that as a child, even if estranged, you have rights to a share of the estate. Presuming he had no wife him survbiving, you are entitled to the entire estate as the only child. See if you can renounce in favor of his sister. If he had other siblings this may be complicated.