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


Asked on 2/01/01, 1:45 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

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.

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Answered on 3/16/01, 8:37 am
Robert Kaplan Robert Kaplan, P.C.

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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Answered on 3/16/01, 10:12 am


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