Legal Question in Wills and Trusts in New York

Re: Mom died intestate. Dad took all. Is there recourse for children?

If your mother was a New York resident when she died, her estate must follow New York State rules. These rules require the estate to be divided among not only the husband, if he survives, but also among the surviving children and possibly grandchildren whose parents did not survive. At this stage, however, tracing where the money went and getting it back from someone who lives out-of-state may be difficult. You definitely need a lawyer. Please call us at (800) 690-1766.

Re: Mom died intestate. Dad took all. Is there recourse for children?

It all depends on how the house was owned. If it was joint ownership or tenancy by the entiretry (and this is the more likely situation) dad gets the house and you and your sibs only share mom's other property, if any. In addition to the house, which passes by operation of law, dad receives $50,000.00 plus one-third of any other property. You and the other children get to share in the remaining two-thirds.

However, if mom and dad owned the house as tenants in common, dad gets to keep his half and the other half becomes part of the estate, to be shared as above.

Good Luck.

Re: Mom died intestate. Dad took all. Is there recourse for children?

Where a person dies without a will, or "intestate", state law provides for the distribution of the proceeds of the estate, if any. The Spouse and the children would each be entitled to a stautory share.

The so-called "family house" might not be a part of the estate, however. If titled jointly with your father, it could have passed to your father outside of probate. If so, it would not have been part of your mother's estate, and you would not be legally entitled to share in the value of the house.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

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(973)-605-8995

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[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Mom died intestate. Dad took all. Is there recourse for children?

I concur with the other authors that the intestacy statutes of NY apply, but only to assets owned by your Mom individually, or which the ownership title was as tenants in common (an undivided interest among 2 or more people, but as to which each owner can declare who gets their interest if they pass away), or which have designated beneficiaries (such as life insurance with a named beneficiary). Joint ownership with right of survivorship goes to the surviving joint owner by operation of law, as does the house if it was titled as tenants by the entirety (joint ownership between husband and wife in real estate, with right of survivorship). To determine what the children might be entitled to by law, you need to know what assets your mom had or participated in, how the ownership was titled, and if there were designated beneficiaries. If the house that was sold was owned jointly with dad, he probably was entitled to it by joint ownership and, on its sale, he was free to do what he wanted with the sales proceeds, even if he did not treat everyone equally or gave less than what you anticipated.