Legal Question in Constitutional Law in New York
Who's legally responsible?
My father has a girlfriend of ten years, a daughter (not biological) and his biological son (myself). My sister and I are curious if something were to happen to him and he past away who entitled by law to handle everything? I believe it's me because I'm blood related and his only connection but does the girlfriend have more power? Where can I go to get legal documentation of whatever the answer is?
2 Answers from Attorneys
Re: Who's legally responsible?
There is no easy answer to this questions. The best person to ask is your father and whether he has a last will and testament. In the absence of a will there will have to be a judicial proceeding to determine his survivors who will inherit his remaining assets.
Re: Who's legally responsible?
The person listed in your father's will as the executor of the estate comes first.
If your father does not have a will, either you or your half-sister may petition the Surrogate's Court to be the administrator of the estate.
Mike.