Legal Question in Family Law in New York
Divorce Statue of Limitations and Child's Rights
Hello,
My parents divorced 1964-65 in Northern California.
My father passed on in Upstate N.Y. last year and his wife has put his Morristown property on the market.
Do I have rights given he never paid our late mother child support? Please note he was an ex-patriot (Taiwan) from 1965 and only returned back to the States a couple of years ago.
2 Answers from Attorneys
Re: Divorce Statue of Limitations and Child's Rights
It depends on how the property upstate was listed on the deed. If it was owned by a husband and wife or it said "Joint with Right of survivorship" on it, it will pass only to his wife or the other person on the deed, respectively. This would prevail over a will.
If the property was only in his name and there is a will, it pass according to the will.
If the property was only in his name and there is no will, then his wife and children will each share in the property. There are varying amounts depending on the number of children that survive him.
You should see a lawyer immediately to discuss this matter.
Re: Divorce Statue of Limitations and Child's Rights
Is there a child support judgment? If there is no judgment for child support, then no. Was there a will?
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