Legal Question in Wills and Trusts in New York

intestate

a stepson dies without a will. no wife no children and no mother or father whom was my husband of 47 years. there was no spouse on the mothers side and no other syblings, my husband and I have 5 children, there is property and I don't know what else, it was turned over to a public administrator. should I ask for an accounting or list of assets, are my children or I entitled to any of the assets. should I retain my own attorney. Must my children sign a Waiver of citation giving

full control to public administrator? Small estate about $150,000. Thank you


Asked on 10/28/02, 5:07 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: intestate

Under NY intestate law you have no standing to inherit.

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Answered on 10/28/02, 6:34 am
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: intestate

If your five children are half-brothers and half-sisters to the decedent, they may be in line to inherit. Contact an attorney in your area who concentrates in Probate Law. (Call your county bar association if you need a referral.)

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Answered on 10/28/02, 9:36 am
Walter LeVine Walter D. LeVine, Esq.

Re: intestate

When someone dies intestate, the lineage as reflected in a family tree will control the disposition of assets. Thus, if the only possible blood relatives are natural children of a common father, they would be the heirs to take by intestacy. You should contact a local estate attorney, obtain, if necessary, birth certificates for the children verifying the common father, and submit your claim to the administrator.

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Answered on 10/28/02, 5:26 pm


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