Legal Question in Wills and Trusts in New York
interstate sucession
My stepson from my husbands previous marraige past away
my husband has also past away, my stepsons mother is dead and he did not leave a will. there is a small estate of 150,000 dollars, he has no heirs I have 5 children do they or myself have any claim on the estate?
3 Answers from Attorneys
Re: interstate sucession
Unless you have been named in the Will, you have no inheritance rights. This was not a blood relative so you do not have an intestate (dying without a Will) interest in the estate. If there was a Will, check to see what was said.
Re: interstate sucession
did you legally adopt your stepson at anytime prior to his death?
do you have any evidence showing the "close relationship" between you two prior to his death?
if you can email me back with answers to these questions, i may be able to further assist you legally in this matter.
Re: interstate sucession
This is a question of 'intestate successsion'. While you yourself may not have an interest in the estate (you may not have the right to inherit anything), your own children share the father with the deceased son. Therefore, they have a right to inherit. You are welcome to a consultation with me for no charge at my office at 42 west 44th st, ny,ny. please call first - 646-591-5786
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