Legal Question in Wills and Trusts in New York

What are the rights for children whose mother has passed away leaving no will and who had remarried?


Asked on 2/23/12, 11:21 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

New spouse has marital rights under intestacy laws, and shares with children. This only applies to probate assets and not to assets in joint names with a surviving joint tenant, accounts with designated beneficiaries (like POD accounts, retirement plans and insurance policies) who survive the decedent. More information about assets mother owned at her date of death is needed for a more complete reply. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Different and/or non-disclsoed facts could change the response.

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Answered on 2/23/12, 12:57 pm


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