Legal Question in Wills and Trusts in New York

Re: estate distribution question

If you wife died without a will, the estate is distributed according to the laws of intestacy. The specifics are found in the NYS EPTL, or the NYS Estate Powers and Trust Laws.

If you wife had other items,i.e. life insurance, IRA, etc, these items may have POD, or payable on death clauses, and would pass outside of the law of intestacy as their instructions would take precedent.

If I can be of assistance, please feel free to contact me.

Good Luck and I am sorry for your loss.

Re: estate distribution question

Under the law (NY EPTL 4-1.1), "If a decedent is survived by ... A spouse and issue (children), fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation."

As a husband, you would receive $50,000 together with 1/2 of the settlement award - assuming the entire estate is the settlement award. Since you have two stepdaughters each would receive 1/4 of the estate (or the settlement award).

I hope this answers your question.

Mike.