Legal Question in Wills and Trusts in New York
if my father has been married for over 25 years what are my rights as a daughter if he dies
Asked on 8/24/10, 8:37 pm
2 Answers from Attorneys
Paula McGill
Attorney at Law
It all depends.
If you are not a minor, and he doesn't name you as a beneficiary in the will, you would not entitled to anything.
On the other hand, if your father dies intestate (without a will), you would split the amount with his wife. (wife -- 50% - children -- 50%).
Answered on 9/02/10, 6:14 pm
Walter LeVine
Walter D. LeVine, Esq.
I agree, unless you can establish either undue influence by the wife ot that you were forgotten (no mention of you, even if you are to be disinherited). Children are not automatiucally intitled to inherit, just because the decedent was their parent.
Answered on 9/02/10, 7:44 pm