Legal Question in Wills and Trusts in New York

Re: Mother Married for 11 months & dies???

She had no will so the laws of intestacy apply. Get an attorney to represent you. The estate powers & trust laws of NY sets out the rules for intestate distribution: you have a share coming if the value of the home and rest of the estate are sufficient.

Re: Mother Married for 11 months & dies???

I am sorry for your loss.

The lack of a will creates significant rights for the new husband. He will receive some 2/3 of the total estate and he has the right to sell the house.

You can, of course, petition for a right of '1st refusal' and get a minor discount on the price of the house. In addition, your 1/3 will go towards the price.

The is a lot of room for negotiation here and I recommend you see a lawyer.

You might want to email for an appointment with me to update your own will!

Re: Mother Married for 11 months & dies???

I am sorry about your loss.

Based on what you indicated in your question, the husband is entitled to $50,000, plus 50% of the assets. The remaining 50% will go to your mother's children (you are, of course, included).

I would suggest that you consult with an attorney so that you may be apprised of your rights.

Please feel free to contact me if I can be of assistance to you.