Legal Question in Wills and Trusts in New York
estate/probate question
I have a estate/probate question
My father lived and died in New York, City without a will. He fathered three children by three different women.
No chilren by wife #1
Son number #1 by wife #2
Daughter by girlfriend
Son number #2 by wife #3
Daughter dies a minimum of 4-6 years prior to her father. But prior to her death she gives birth to three children.
Granddaughter #1
Granddaughter #2
Grandson
My question is under New York law does my father�s daughter rightful right to 1/3 of the estate end when she dies since she pass prior to her father or does it extend on to her children (my father�s grandchildren) and they inherit a third of the estate? The estate is a place of property and the settlement of a wrongful death law. Or are his remaining two children, his sons the only ones entitled to his estate?
2 Answers from Attorneys
Re: estate/probate question
You state that the daughter who predeceased her father was born out of wedlock. Unless her paternity was acknowledged by her father she had no automatic right to any part of his estate.
The real property would only be part of the estate if it was not deeded jointly with another person. If it was held jointly with another with right of survivorship, the survivor would receive the property.
Re: estate/probate question
I concur with Arnold and paternity is the key issue. If valid paternity can be established the intestacy (dying without a Will) statutes would entitle the daughter's children to succeed to her interest. The title to the assets needs to be ascertained to determine if they asre in the estate or not. Any asset having a survivorship designation, joint tenancy registration, or POD designation is outside the intetacy laws and will go to the named secondary owners by operation of law.
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