Legal Question in Wills and Trusts in New York
my father died intestate in NY
My father died intestate in NY, and I was wondering what happens now. I have one natural brother, a step-sister and a step mother. Also, to receive any of his estate if I am entitled, do I have to see a lawyer, or is this something the state does automatically?
1 Answer from Attorneys
Re: my father died intestate in NY
The surviving spouse should apply to the Surrogate's Court for letters of administration. This will enable her to administer the estate. If she does not apply for letters of administration, one, or all, of the children can so apply. In New York, the first $50,000 of the estate is payable to the surviving spouse and then the balance of the estate is divided 50% to the surviving spouse and 50% divided among the surviving children.
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