Legal Question in Wills and Trusts in New York
distribution of deceased mothers estate
After 17 years of marriage to my step-father, my mom passed away(1994). She had a $100,000 life insurance policy and both of their names were on the home. He still has this home in New York and also owns a home in Florida-his current wife is listed on the Florida home along with him.
We never heard about her will, never received any personal belongings (there are four of us children, all from her first marriage)except for costume jewelry and clothing.
Are we entitled to her share of the N.Y. home?
Please advise what we may be entitled to and how we would proceed with this possible inheritance.
2 Answers from Attorneys
Re: distribution of deceased mothers estate
Since the house was in joint name, on the death of your mother it became the property of your step father.
The insurance proceeds are paid according to the beneficiary designation on file with the insurance carrier.
So, it looks like you never became entitled to anything.
Re: distribution of deceased mothers estate
I agree with Norman for the most part. It appears your Mom listed all her assets jointly with her husband, which entitled him to those assets. The same for the beneficiary designation on the insurance. My only suggestion is to contact the Surrogate's office in the County where Mom lived when she passed away, to see what may have been filed. I suspect again, that if there was a Will, she left everything to her husband. Should she have died without a Will, anything you might have been entitledto would be controlled by the intestacy statute, but that would only apply to assets solely owned by Mom and not registered in joint names or where some beneficiary had been designated. The probability is that you have heard nothing because you were not entitled to anything.
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