Legal Question in Wills and Trusts in New York
if my father is dying (him being the only parent alive) but has married another individual and has another child with side individual.. however he has not written a will .. how can i find out if he has left any his possessions to any of his children? and is it possible that a will could be hidden by ones "step parent" ? and if he did not leave a will, to whom will all of his properties go to?
1 Answer from Attorneys
Under NY Law, the surviving spouse would receive $50,000 plus 1/3 of any estate. The surviving children would share the remaining 2/3, if any.
Note that jointly owned property passes automatically upon death to the survivor.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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