Legal Question in Wills and Trusts in New York

Estranged Wife and Estate

My Dad just passed away and we have found that his affairs are a mess. He and my Mom were divorced, but he was re-married in 1978, spent approximately 5 years with her than they split up never to converse, etc., again - or to divorce. He has lived w/a woman (who is Canadian and has been living in the US w/out a Visa) for about 18 years. He purchased a small house, which he and the woman have been living in, and she convinced him when he bought it to put her name on the property also! Now we are trying to settle the estate and don't know what direction to start in. Also, he had no life insurance so myself and my siblings will have to pay for his burial. The Canadian woman he lived with has all of his cash money (they kept it all in the house) and says she's keeping it and won't give it up to help pay for his burial fees of $12,000 or towards his medical bills which I estimate will be somewhere close to another $40K after Medicare. Since his small house is in both their names, she's figuring she will also be getting half of those funds - which won't be much - I estimate to be about $20,000 if we can sell it for that. How would you proceed with this mess?


Asked on 1/06/09, 10:02 am

1 Answer from Attorneys
Anthony Park Anthony S. Park, PLLC

Re: Estranged Wife and Estate

Settling your father's estate will be complicated. One possible strategy would be to get appointed as administrators of your father's estate, then petition the court for the Canadian woman to turnover the assets, including cash, to you as administrator. However, there are many other details you need to consider and I suggest you contact an attorney for a detailed discussion. You may contact my office for a brief complimentary consultation.

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Answered on 1/06/09, 10:46 am


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