Legal Question in Family Law in New York

medical guardian

I am the legal guardian of my mother. She suffered a massive stroke and is currently living in a hospice. Her husband (my step father) just died. We are not on speaking terms with his family and our mothers family belongings are still in his house. WE are not sure of a will and what my mother is entitled to. What are our options?


Asked on 3/20/09, 9:30 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: medical guardian

In terms of a will, I would speak to your step-father's attorney. He probably had an attorney when he purchased the house. That is a good start.

As the wife, your mom will receive notice if there is a will or if your step father died intestate (without a will).

Generally, a wife is entitled to a right of election, which is $50,000 together with 1/2 of the estate. This is certainly the case if the husband died without a will.

If the husband had a will, he may not waive the wife's right of election. However, if the parties signed a prenuptial agreement your mom may have waived her right of election.

Mike.

Read more
Answered on 3/21/09, 8:58 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York