Legal Question in Elder Law in New York

Re: domestic partner death

It's an unfortunate situation, but all too common where there is no marriage and no estate planning.

This is a question of New York law. If there are no provisions for your mother in the will, you need to contact a New York elder law attorney and discuss whether NY law allows a "quantum meruit" claim. If this is possible, your mother would ask the court to recognize that the financial and homemaking contributions she made to the relationship have some economic merit, so that a claim could then be brought against the estate.

Re: domestic partner death

Because your mother lived in NY, you need to address this question to a NY attorney. She is entitled to see the will, and to determine whether she is provided for in the will. If she is, the executor has a duty to fulfill the wishes of his father and provide for her as indicated in the will. If she is not named in the will, she could bring a claim against the estate for the services she provided to her partner over the past 13 years, including health care, homemaking, and other services.

This case brings home the importance of estate planning for everyone, but particuarly those who are not in a legally recognzed relationship. Even though her partner would have wanted her to be taken care of, if he took no steps to do so, she has no legal recourse other than the claim addressed above. Our office specializes in estate planing for all circumstances.

Good luck to you and your mother. Please call me if I can assist you in any way.