Legal Question in Wills and Trusts in New York
estate law
my uncle died 4 years before my mother. he had a house in bayside his sisterlived in and left no will. his sisters and brothers got together to sell such house . the lawyer says me my brother and sister are not intitled. my step father gets the first 50000 thousand and half of whats over that and we get /3 each of the balance. my mom had no will. is this correct
3 Answers from Attorneys
Re: estate law
The facts are a little unclear; did your mom own the house at the time of her death? If she did and she was married, then what the lawyer told you is correct because the surviving spouse - absent a Will - gets the 1st 50K and half the remainder with children splitting the rest.
Re: estate law
The estate has a lawyer and so should you. It's the only way to ensure that your legal rights are protected. Find a local attorney to help you or contact me via email for a referral.
Good luck!
Re: estate law
The estate of your mom, who died without a Will, is subject to the intestacy laws of NY. Absent a complete set of factsm it appears what Frank has said is accurate, as that is what the NY intestacy laws provide. You can check them on the Internet.
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