Legal Question in Wills and Trusts in New York
daughter's father died without a will
In NYS how do we settle estate when daughter's father is re-married without a will. Will step mom get everything?
Asked on 9/26/07, 10:46 pm
1 Answer from Attorneys
Anthony Park
Anthony S. Park, PLLC
Re: daughter's father died without a will
Who is the deceased? Assuming it's the re-married father who has passed away without a will, NYS's default inheritance rules (intestacy) will take effect. In this scenario, that means the step-mother will receive $50,000 off the top of the estate, and 1/2 of the remainder. The other 1/2 of the remainder will be divided equally among his children and possibly grandchildren.
Feel free to contact my office if you need assistance beginning the estate administration process.
Answered on 9/27/07, 2:04 pm
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