Legal Question in Wills and Trusts in New York

death w/o will

You may not post my name or address. My mom has been marries to a man other than my dad for 30 years. Recently, had cancer- should anything happen to her may we contest the spouse as the sole recipient of property that she worked two jobs to maintain. She has children, grandchildren, and great grandchildren in New York.


Asked on 1/28/07, 5:21 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: death w/o will

There is no legal requirement in New York to leave property to one's children, only to one's spouse.

That said, if a parent dies intestate (without a will), the surviving spouse is entitled to $50,000 plus one-half of the estate, the children inherit the balance.

Note that property held in trust, or jointly, or with a named beneficiary is not part of the estate but passes to the named beneficiary or joint owner.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 1/28/07, 5:29 pm


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