Legal Question in Wills and Trusts in New York

Finding money after husband's death

My husband died in 2006, however I did not find out til recently (we were separated but never divorced). I don't know where to start looking for retirement, 401k, trust money. His parents would fight me getting any cent of it because they are greedy and vindictive. Where do I start?


Asked on 7/01/09, 5:14 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Finding money after husband's death

I agree with Walter, especially if you signed a Separation Agreement. Normally, in a Separation Agreement the spouse will waive inheritance rights.

Mike.

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Answered on 7/02/09, 8:31 am
Walter LeVine Walter D. LeVine, Esq.

Re: Finding money after husband's death

Check with the Surrogate in the County where he resided when he died to see if any Will probate or Administration proceeding has taken place. This should get you an attorney for the estate who can answer your questions. You should be aware that since you were separated, you may have no rights, even if not divorced. Many issues might be involved.

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Answered on 7/01/09, 5:22 pm


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