Legal Question in Wills and Trusts in New York

Re: next of kin inheritence

I do not believe that your mother is entitled to a share. The property of your great aunt passed to your father. He should have received it while he was alive, not your mother.

Since he was divorced from your mother when he died, I believe that your mother would not be entitled to a share.

However, it is possible that your mother may have a claim against your father's estate pursuant to the divorce (i.e. he may have owed her money when he died).

Re: next of kin inheritence

Did your father have a Will when he passed away? If so, what were the terms of his Will? Also, did your parent's have a separation agreement?

I believe that your mother may have a claim against his estate if he died intestate (without a Will) and they were legally married at the time of his death.

Pursuant to NYS Succession law, a spouse is entitled to the first $ 50,00.00 of their spouse's estate and share half equally with his children.

I hope this information helps. You may contact me at anytime for a complimentary consultation.