Legal Question in Wills and Trusts in New York
died intestate
My step father died intestate 3 weeks ago. My step father treated my mom badly thru out their 20 years marriage and he did not even give my mother a penny. She had to tolerate his over possessiveness, temper, mentally and physically abused. She spoke to no one accept me.
He had a house (build when they married) which my mother is still living and cash 300K. Now his son (first marriage) is finding all ways to kick my mother out from the house. My mother told me that he wrote a letter stating if he dies all money would goes to his son (not too sure if he mentioned the house) His friend has the letter. Is that written letter legal? Does that mean my mother has no legal rights to her claim? If she wants to pursue her claim . . . how does she go about doing it and what are her chances of her claim? Please� please� help. Thank you.
5 Answers from Attorneys
Re: died intestate
A mere letter is not a will. She has rights that must be protected. If you call me, I can advise and refer one of my NY associates to represent her. Good luck.
Re: died intestate
This is an easy legal question and a difficult family problem. I can help with the legal by answering your question.
A will has specific requirements. For example, it must be witnessed. This letter may not qualify as a 'will'.
In the event that the letter does not qualify, then the estate is distributed according to the laws of NY.The estate will be divided between the surviving son and the wife, but a step-child will have no rights in the absence of an adoption.
It is important that the estate be 'inventoried' and an executor be appointed. Your mother and the surviving son are both eligible candidates, as are you, another trusted person, or an attorney.
You are welcome to a consultation for no fee.
Re: died intestate
You don't mention how the house is titled. If it was joint with your mom, she would inherit, even without a will. If it was solely in your stepfather's name, it becomes part of his gross estate.
The letter does not constutute a will in New York.
In the absence of a will, NY law provides that a surviving spouse is entitled to $50,000 plus one-half of the balance of the estate.
Feel free to have your Mom call for a free consultation at 914-478-2981.
Re: died intestate
Your mom has rights to share in her husband's estate. She should consult with an attorney as soon as possible. Many attorneys will not charge a fee for the initial consultation.
If your mom decides to consult with an attorney, you may keep me in mind (212) 971-1384.
Re: died intestate
The key answer is whether or not the letter will qualify as a holographic Will, if NY law allows them. A holographic Will is any hndwritten and signed document (the letter may qualify depending on what is says and how it is written). If the letter does not qualify as a Will, he died intestate and you Mom has rights under the intestate laws of NY. Additionally, she may have rights under the NY spousal election laws, which provide for surviving spouses to receive part of the estate, even if there is an attempt to disinherit her. I suggest retaining a good local attorney familiar with estates, intestacy and spousal rights to assist her.
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