Legal Question in Wills and Trusts in New York
Help?
Hello out there? Looking for some help with a situation. My Father married 2 yrs ago. He did not give any assets to his new wife. They had some shared credit accounts. His wife just passed away. There may be a will from 1994 and dont know who was appointed executor. Is the executor responsible for paying funeral expenses? Is my father responsible for outstanding credit card debt that is not in his name? Is my fathers home protected since he has not deeded property to his wife and owned it before marrying? If there IS a will, is my father entitled to any part of her estate? Please help...thanks
2 Answers from Attorneys
Re: Help?
Your stepmother's estate is solely responsible for any debt incurred by her. This would be paid out of the assets of her estate. Your father's home is not part of her estate and since she was not on the deed is secure.
Your father is entitled to file an election against the will if he was left less than his share of her estate if there were no will.
There are strict time limits for filing the notice of right of election.
Feel free to e-mail or call me at 914-478-2981 if you have any further questions.
Re: Help?
The first step is to find all Wills that may exist. Next, a determination must be made as to validity. The Will/s must be probated at Surrogate's Court. The terms of the valid Will/s will answer your questions.
If there are no Wills, but property must de distributed, you may initiate an Administration Proceeding in Surrogate's Court.
If you need an attorney, please feel free to call my office at (212) 971-1384.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
