Legal Question in Wills and Trusts in New York
Inheritance
I share the same apartment with my father, who is old, sick and may die.
He is in divorce with his wife (my stepmother), who threw him out of their jointly owned house, more than one year ago. There is no decision in the divorce case, yet.
My father left me everything he owns, in his last Will -- but if he dies soon, could all be considered common property with his wife?
Is it true (as some have told me) that, if my father dies before the divorce case ends, she will inherit everything, including the belongings in my father's apartment, including my own belongings (since I leave in the apartment and I am not part of the lease)?
How can I protect my own belongings?
2 Answers from Attorneys
Re: Inheritance
If the father and wife own the apartment by "tenants by the entirety", if father dies before divorce the house would go to the wife.
If the father obtains the divorce, father's share of the house would pass under his will. Therefore, wife and beneficiary under will would own 50% of house.
If father dies with will and leaves nothing to wife, wife entitle to a "right of election". In effect, wife entitled to $50,000 from the estate. If divorced or father and wife enter into a settlement agreement whereby wife waives her right of election, property in will is transferred to beneficiary and not wife.
In no event may someone take another's property received by purchase or gift.
Mike.
Re: Inheritance
If you can prove that your step-mother abandoned your father, you may be able to disqualify her from inheriting any of your father's property. Abandonment is tough to prove, so I suggest that you consult with an attorney as soon as possible.
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