Legal Question in Wills and Trusts in New York
Mother told me (1st born child) that Father had ''no will'' when he died over 2
My father died in 2/02. Mother made sure I did not hear about it & I had no closure - I heard 2 mos. after death. Mother did not probate Will - said ''there wasn't any Will!'' (Mother is very nasty person & hates me.) I checked with the Queens Cty courthouse - no probate listed. (I live in Manhattan.) Father told me years ago he did had a Will. If no Will, his estate would have been ''intestate'' & mother would have had to go to court, right? That, apparently, did not happen. So, if Father left me anything in the Will he said he had, is there anyway I can find out & claim? Or, should I notify civil authorities of lack of Will? Mother slightly changed story to say he left everything to her. I am oldest of 4, brother died in 1988, only 2 other sisters left. Mother has hated me my whole life (long story) & has done everything to deprive me of any kind of normal life & happiness. I moved out at age 20 to literally save my life! Have supported myself rest of life. Unemployed for over 2 years (live 6 mi. north of Ground Zero - I'm a secretary) & I'm rather desperate for money right now. No jobs available. Mother is pathological liar. House alone could be worth 250K on RE market. She ain't starving. What legal recourse do I have?
1 Answer from Attorneys
Re: Mother told me (1st born child) that Father had ''no will'' when he died ove
Under NY law, if there is no will, and two or more children, surviving spouse receives $50,000 plus one-third of the estate and children share two-thirds.
However, joint property, ie: joint bank accounts, real estate titled in names of husband and wife, life insurance with beneficiary, etc. are not part of the estate for purposes of distribution.
Either way, will or not, if there were non-jointly owned assets, someone had to go to court.
Feel free to call me at 914-478-2981 if you need further information.
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