Legal Question in Wills and Trusts in New York

If you have been married for 28 years and your spouse dies with no will, do any children have a right to any marital property or does the spouse inherit by default?


Asked on 1/31/13, 9:07 am

2 Answers from Attorneys
Yefim Rubinov Yefim Rubinov Attorney at Law

the children inherit along with the wife, after the wife gets her "elective share." I suggest hire a lawyer to have you appointed as an administrator of his estate.

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Answered on 1/31/13, 10:02 am
Roman Aminov Law Offices of Roman Aminov

That depends on the nature and extent of the property and is very fact specific. You should speak to a local probate/estate planning attorney.

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Answered on 1/31/13, 10:47 am


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