Legal Question in Family Law in New York

Re: Invalid Will

If there is no will your father's estate is supposed to be distributed in accordance with the law for such situations. The law is that the wife gets the lion's share of the estate and that the children get a portion thereof.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Invalid Will

if the court deems his will is truly invalid, then distribution would be dependent on your states intestacy laws: usually giving preference to wife, then children. If you need help with the estate, please do not hesitate to call us. Free consultation.

Re: Invalid Will

Intestacy Laws would apply. What State (and County) did your father live?

Mike Berman

Re: Invalid Will

My condolences on your loss.

Regarding the distribution of the estate, this is a matter for state law.

The technical term for what has happened is: your father died 'intestate', that is without a last will and 'testament' and state law takes over. In the state of New York, the wife will inherit everything.

This is different from the 'elective share'. The 'elective share' is triggered when the wife chooses to get 1/2 (no children) or 1/3 (if there are children) instead of what she gets under the will. She 'elects' against the will.

Here there is no will and there is an intestate estate and the wife has the option of choosing to take everything.

You must understand that the estate must still be 'probated' or, if it is a small estate, an administrator must be appointed with 'letters of administration' and a report made at the end to the Surrogate's Court. That is something that a lawyer can help you with. It should not be expensive at all. My fee for a small estate would be apporximately 2500.