Legal Question in Appeals and Writs in New York

Death

mY MOTHER IN ALW PASSED AWAY A YEAR AGO AND i WAS TOLD THAT MY WIFE AND i ARE TO RECIEVE THE TOTAL OF 16000 DOLLARS AND HE IS OW NOT GIVING US ANY MONEY PAST WHAT HE ALREDY AHS AND THAT WAS 6000 i WNAT TO KNOW IF WE ARE LEGALLY ENTTITLED TO THAT MONEY


Asked on 1/23/07, 1:21 pm

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: Death

Who is "He"??? Your father-in-law? You need to know if your mother-in-law left a will, and what that will says. Even if the will says you are entitled to $16,000, a spouse (your father-in-law) is entitled to take an elective share which could reduce the amount you would otherwise be entitled to under the will. If the will has not been probated, then you may wish to see an attorney about the steps you can take to do it.

On the other hand, if your mother-in-law did not leave a will, her estate is governed by intestacy laws.

There are many different unknown facts that could drastically change the answer to your question. Perhaps re-post with some more particulars, such as who told you to expect $16,000, whether or not there is a will, what the source of the funds is supposed to be (i.e., if you are talking about life insurance proceeds, that begs an entirely different analysis), the circumstances about how you already received $6,000 and whether you signed anything in order to get it . . .

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Answered on 1/23/07, 1:36 pm


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