Legal Question in Wills and Trusts in New York

Re: Is a daughter entitled to inheritance?

If New York courts have jurisdiction (they likely would if he was a NY resident when he died), then the first step is to determine whether he had a valid Will. If so, the Will tell you whether he provided for you.

If he did not have a valid Will, then his property would be distributed in accordance with law. If he was unmarried when he died, and he did not have a Will, you may be entitled to a share of his property.

Please feel free to contact me for a free telephone consultation (718-491-3345).

Re: Is a daughter entitled to inheritance?

My condolences on your loss. Sometimes the loss is more difficult when you have not been close.

While your father had no duty to provide for you in the will, he may have done so. If so, you must claim the assets. Let the executor/administrator know your residence and request a copy of the will.

If there is no will, then the law requires a portion of the estate go to you.

You are welcome to a consultation for no fee.

Re: Is a daughter entitled to inheritance?

I concur with John and Andy. While you have no absolute rights if your father left a Will naming his new wife, the answer depends upon the contents of the Will, if any. If he died without a Will, you have statutory rights as a natural heir. To determine if there was a Will, contact the Surrogate's office in the County where Dad died and see if a Will was submitted for probate. If one was filed, you are allowed to see it and, for a small fee, obtain a copy. If you were named, the Executor should provide you with a copy, but might not have your address, so contacting the Surrogate's Office is best. Finally, bear in mind that a Will and/or the intestacy laws on inheritance (where someone dies without a Will) only apply to assets in the decedent's name alone. Assts held in joint names or those having a beneficiary designation follow the asset registration or beneficiary designation, and are not covered by the Will or the intestacy laws.