Legal Question in Wills and Trusts in New York
question of wills and estates
My mother in law passed away and I am trying to find out if my wife is entiled to an equal share of the house and other properties of her moms. she has a sister and her dad is still around. I want to make sure she gets whatever she is legally entitled to please send a email with an answer. Also I wanted to enquire about how trhings are broken down and what the process would be like. From what I ehard eh wants to give my wife and her sister 25k each but I want to find out if they are entitled to more ie 1/3 f the house. look forward to hearing from you
2 Answers from Attorneys
Re: question of wills and estates
Often when a spouse survives another, the estate goes to the spouse and not to the children, but the surest way of knowing what your wife is entitled to would be spelled out in the will, if any exists.
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Re: question of wills and estates
The estate goes as was specified in her Will, which usually provides all goes to a surviving spouse. If there were no Will, the state statute sets the terms, which usually provides the bulk to the spouse and the excess over this amount to the children, split equally. There are some nuances that may cause a different result, which depend upon the type of assets there are.
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