Legal Question in Wills and Trusts in New York
My significant other passed away at the time of his passing he had a settlement that was being paid on and full payment due in a year or so. He left no will, but wanted me to have the money. He was married but had no contact with his wife for at least 15 years. The only other living relatives are a sister that he has had no contact with. I was basically the only one in his life. I do have letters that he has written to me stating that anything he has is to go to me. My question is are the letters good enough for to stake a claim to the settlement?
2 Answers from Attorneys
No, the letter is probably not sufficient. There are several possible strategies, including bringing your case before the local Surrogate's Court to determine whether the spouse "abandoned." Call our office at 212-401-2990 for a brief complimentary consultation.
Generally, the answer is no. The letter is not sufficient. However, even if the spouse abandoned your significant other, intestacy laws would apply and the money would go to the sister.
Mike.
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