Legal Question in Wills and Trusts in New York

Q. Can this be resolved amongst the survivors or do each of the women need to hire an attorney?

A. That would be a personal decision to the individuals. However, technically, an individual is not required to retain an attorney.

Q. Is it true that spouse's automatically inherit all assests?

A. No. If there is a separation agreement that was filed, inheritance rights may be dictated in the agreement. If there is no agreement, under intestacy laws the wife receives $50,000 plus one half of the estaet, with the remainder to the daughter.

Mike.

I don't know if there is anything to resolve. When a person dies without a will the law is clear as to how the assets are divided. The spouse if entitled to the first $50,000 plus one-half of the remainder of the estate. The daughter would be entitled to the balance.

Both responders are correct, with my additional comments. Intestacy (dying without a Will) is somewhat easy, only needing someone to petition for Administration (daughter or spouse, and I suggest that it be the daughter). The Surrogate can walk the person through the procedure, but a bond may be required, at some cost. The Surrogate can assist getting this also. The real issue is who will inherit, the daughter only, or the spouse and daughter, since they were only separated, not divorced. You have not presented enough facts for a definitive answer to this issue, such as if there is anything in writing between the spouses covering inheritance or if the spouse lives in one of the properties? Thus, the separated wife may have rights to inherit, live in a property, etc., and an attorney may be needed by the daughter to see she gets all to which she is entitled.