Legal Question in Wills and Trusts in New York
Inheritance blues
My fathers uncle recently passed away. He owned a
large track of property in Poughkeepsie. My father is
recently deceased. My fathers's sister, my aunt,
called recently to say that I would be entitled to his
share of the inheritance. And that legal papers would
arrive to me.
After a period of time there was no follow up or
communication. I called the same Aunt, and she
explained that I wasn't entitled to anything because
my father is deceased and only he would be entitled to
the inheritance.
I tried to contact the executor of the estate but they
act as if they don't know who I am or who my father
is? I asked for the name of the lawyer handling the
account, but they aren't giving me any info. What
should I do? Can I do anything? If my father died
without a will, am I screwed from his share of all
inheritance through the family?
I'm singing inheritance
2 Answers from Attorneys
Re: Inheritance blues
I assume your granduncle died in New York. I also assume that you spoke to the probate clerk at the Surrogate's Court. Some times it's better to visit the court to get information, or hire a lawyer to do it. (There are tricks to the trade.)
The key issue is the meaning of the words in your granduncle's Will. He may have provided that your father's gift would only be paid if he survived his uncle (maybe not).
Use all means possible to get a copy of the Will and then study its language and the pertinent law.
Re: Inheritance blues
If the writer's father did die without a will (intestate), the writer may be entitled to an inheritance. In NY the intestacy laws provide that a surviving spouse is entitled to $50,000 plus 50% of the estate and the remainder to the surviving children.
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