Legal Question in Wills and Trusts in New York

inheritance

My mother in law passed away,& my husband is one of 3 sons. He received one third of her life insurance, his 2 brothers kept her bank accounts and the real estate proceeds of her commercial properties. My father in law is alive and he got nothing. Is there any way we can demand that my husband, as a son receive a portion of her estate?


Asked on 11/04/08, 6:23 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: inheritance

I agree with the other authors that many more facts are needed to provide a proper response. This information includes whether or not there was a Will, how assets were registered (joint assets bypass a Will) and what the husband did.

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Answered on 11/05/08, 1:56 pm
Michael Markowitz Michael A. Markowitz, PC

Re: inheritance

Much more information is needed. For instance:

1. Was the bank accounts in joint name or only in name of mother?

2. Was the real estate in joint name, in corporate name, or solely in the name of the mother?

3. Did the mother have a will or did she die intestate without a will?

Answer the questions and resubmit.

Mike.

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Answered on 11/04/08, 7:10 pm
Warren Markowitz Warren R. Markowitz, Esq

Re: inheritance

Please provide additional information in order to assist you.

1- did your mother-in-law die without a will?

2- How were the commercial properties held/ who was on the deeds?

3- How were the bank accounts titled?

4- where did she live and die?

Generally speaking these issues control the distribution of property on death.

The life insurance is a contract with the Insurance Company so your husband will only get the portion of that set aside for him by the person who bought the policy.

As for your father-in-law, NY doesn't allow for the disinheritance of a spouse, so there are other issues at play here.

The other property will depend on how it was titled, and if a will controlled.

Please contact me if you would like to discuss this further.

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Answered on 11/04/08, 7:24 pm


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