Legal Question in Wills and Trusts in New York
Father Dies Intestate, stepmother wants to be sole heir
My father passed away February 28 intestate. I am his only daughter. I just received a letter from his spouse's attorney (not my mother, he remarried) stating that she wants to be appointed administrator of his estate as sole heir. The letter included a Petition for Letters of Administration and a Waiver of Citation, renunciation and consent to Appointment of Administrator. The petition says is estate is worth 450,000. I believe that I am entitled to a portion of this. I do not want to relinquish my rights as heir to his estate. Should I hire an attorney? How much time do I have to respond? How long does this process take?
3 Answers from Attorneys
Re: Father Dies Intestate, stepmother wants to be sole heir
The surviving spouse is entitled to the first $50,000 and one-half of the rest. You get the balance.
Re: Father Dies Intestate, stepmother wants to be sole heir
You should retain an attorney as soon as possible. You are entitled to share in the estate (1/2, less $50,000).
Re: Father Dies Intestate, stepmother wants to be sole heir
The previous answers are correct as far as they go. Any property held jointly passes outside the estate, ie: joint bank accounts, real property jointly titled, etc.
The balance, if any passes through the estate. Surviving spouse receives $50,000 plus one-half. The child is entitled to the balance.
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