Legal Question in Family Law in New York
explanation of question
Mother died had no Will, brother is trying to take control of situation of property - wanted to know do the kids have rights to the mothers posessions first before the brother does? It is my understanding what you said, the brother has no rights and kids have the power over the brother is that correct?
2 Answers from Attorneys
Re: explanation of question
Her children have prior rights to her estate.
Re: explanation of question
Go on the internet and look at article 4 of the eptl that should answer your question. Better yet, call an estate lawyer and have your mom's estate set up pronto. Depending on the amount of $ your mom has the couple of thousands of dollars you spend could be a wise investment. Unless of course you want your uncle to steal everything...
Be proactive time is not on your side!!!!