Legal Question in Wills and Trusts in New York
I am the only child of a mother and father. There are two children of the father and one child of the mother. The father is still alive. The mother has just passed. The only will that was found is outdated as executor is already deceased. What portion of the mothers estate am I entitled to as being the only child of the two parents.
2 Answers from Attorneys
Whatever was left to you under the Will. The fact that a Will makes no provision for a successor trustee does not automatically invalidate it. If we were to presume the Will is invalid, New York's intestacy law would control, and what you might get depends upon the size of Mom's estate, and how her assets were registered. Presuming your fatrher was still married to your mother, he mmight get the bulk, if nopt everything. More facts are needed to provide more information and a better answer.
Simply because the executor died does not mean that the will is invalid. Nevertheless, if it is determined that your mother died intestate (without a will), the law provides from the following distribution:
(a) If a decedent is survived by:
(1) A spouse and issue [children], fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.
Therefore, if the will is deemed invalid, you would share with your mother's spouse and any other children (by blood or adoption) of your mother.
Also licensed and practicing in New York.
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