Legal Question in Wills and Trusts in New York
death and estate
my husband passed away resently and all the kids are adults. I do not know if my husband left a will.
He has other adult kids. What are my legal rights?. He had some bank accounts and some retirement plan, I had never worked since I was married to him for 33 years and he did not want me working due to my asthma. Now his children all want to know what belongs to them and I am afraid that from $145.00 he left it won't be enough to cover my bills.
2 Answers from Attorneys
Re: death and estate
I cannot give you an accurate answer without knowing all the facts of your particular situation. I would recommend that you consult with an attorney. Many attorneys provide a free initial consultation.
If you would like a free inital consultation, please feel free to contact me.
Re: death and estate
All of his bank accounts, life insurance policies, etc. pass by operation of law to the designated beneficiary.
For example, if your bank accounts are jointly owned, you would present the banking institution with an original death certificate and claim the funds.
As for assets that were solely held by your husband, if he had a Will or Trust, those assets would pass pursuant to the terms of his Will/Trust.
If he died intestate (without a Will), then NYS designates that you would receive the first $ 50,000.00 and then share the remainder between you and all of his children.
You may contact me at anytime to further discuss this matter.
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Will Daughter left out of will. Estate left to step childen Asked 1/28/07, 4:14 pm in United States New York Probate, Trusts, Wills & Estates
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