Legal Question in Wills and Trusts in New York

death of estraged husband

Here is the back ground:

1)My father left our family in 1979.

2)He quit his job and started up a restaurant unbeknownst to us.

3) My mother recieved separation papers from him and signed them. 4)He was giving support for about two years and stopped.

5)There was never a divorce.

6) He has been living with the female companion for the last 28 years

Two days ago We learned of his recent death: Our family was not informed and found out quite by accident. My mother has been living on Social Security and public assistance for the past 18 years.

Our question are;

1)does my mother have any right to his estate (if any) and/or any veterans benefits and/or Social Security death benefits

2)if so, how do we go about pursuing this.

Thank you very much.


Asked on 2/26/07, 10:10 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: death of estraged husband

Assuming there was never a divorce (although it would be prudent to check court records), your mother and your father's offspring would have rights in the estate that depends on the presence of a will and practically speaking, if any estate property of value exists.

You may contact me by email to arrange a consultation to discuss how to proceed.

Good luck!

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Answered on 2/26/07, 4:07 pm


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