Legal Question in Wills and Trusts in New York
Father had no will
When my father died years ago, he had no will(at the convience of my step mother). He had been sick with brain cancer for two years. During this time he had told me that he and my step mother had been putting away money for my children's tuition(they were five and three when he died). One has been in college for two years and the other will start in the fall and nothing has been given to them. He also had two houses that she sold after he died, because she remarried. My brother and I were told that one of the houses was to go to us. We have seen absolutly nothing and I don't think we will.
1 Answer from Attorneys
Re: Father had no will
The law of New York provides in general terms, when there is no Will, that the surviving spouse receives the first $50,000 of her husband's estate and one half of the excess. The remaining one half is divided among the children. If you are an only child you are entitled to that portion of your father's estate. As for the tuition fund, you would have to conduct a search to see if he set aside funds specifically earmarked for that purpose. The oral promises you recall are not enforceable.
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