Legal Question in Wills and Trusts in New York

Re: Mom and dad never married, I'm his only child, his wife told me differently

If your father died with a Will, his estate must be distributed according to its terms.

If your father died without a Will (intestate), then the laws of the state apply: his spouse is entitled to a share and then his children.

If he and his wife owned property jointly, then it passes to her by operation of law and you would not be entitled to a share.

Re: Mom and dad never married, I'm his only child, his wife told me differently

Your rights depend upon several things; did you dad leave a Will, were you mentioned or not; are the alleged additional children really his; if he left a Will, what did it say; and how were his assets registered?

If he left no Will, he is considered to have died "intestate" or without a Will. NJ law makes provisions for children when someone dies intestart, but the statute only entitles the children to share in the estate if there were individually owned assets. If all of his assets were owned jointly with his wife, and he had nothing in his own name, there is nothing for the statute to consider and the wife would get everything. If there were probate assets (assets the statute covers), your share would depend upon the nature or type of assets and their total value. Your share (percentage) would depend upon the total amount of his probate estate and the legitimacy of the other alleged children. If he left a Will just naming his wife, not you, you might have a claim as an omitted child and/or a claim for undue influence by his Wife. This would raise questions as to how close you were with your dad and how much contact you had with him over the years, if any. Keep in mind that inheritance by children is not automatic and that a parent can disown a child for legitimate reasons without recourse. From what you stated, it appears you may not have had alot of contact with your dad in some time, or some of the information you just learned may have been discussed with you. If this is the case, you might have a claim, but an uphill battle to get anything. If I am wrong, make your claim and also try to establish legitimatacy of the other alleged children. If they were his wife's kids, did he adopt them or acknowledge they were his? Maybe a paternity test, with DNA testing, is in order.

Re: Mom and dad never married, I'm his only child, his wife told me differently

You father's estate will be administered according to the laws of whatever state he resided in or the state in which he wrote his will. Since you did not mention what state that is, I can only tell you about New York Law. In the state of New York there are 2 possibilities:

1. Your Father died without a will or 2. He had a valid will. If he had a will then his estate and all his possesions will be distributed according to the will.(With the exeption that if he disinherited a wife she could ask for a spousal election share.) If he left no will then you as a daughter would be entitled to a portion of the estate after his wife gets her share. You need to contact the probate court in the county where your father passed away to determine if there was a will. If you need help please call me at (718) 935-9079. Thank you. Eric D. Kochel, Esq.