Legal Question in Wills and Trusts in New York

Re: Rights to Property

In the absence of a will and depending upon the number of siblings, you would be entitled to as much as 1/2 the estate. If there is will, the will controls.

Daniel Clement

Re: Rights to Property

Your rights depend upon several factors: (1) Did he leave a Will? If so, generally the Will controls unless your father was subject to undue influence in making his Will, and you can establish this in a Court proceeding. This may depend upon the language of the Will, the testimony of the attorney who drew the Will, the credibility of you and your step-mother, etc. (2) Was there a premarital agreement between your father and step-mother? What did it provide? A Will made later than the agreement can supercede the agreement, so you may again have to consider a claim of undue influence. (3) If he died without a Will, his estate passes by intestacy (statute specifies who gets what between the spouse and children). Again, was there a premarital agreement, as this effects the statute.

I need more facts to provide a more complete answer.

Walter