Legal Question in Wills and Trusts in New York
Step daughter confused
I am a middle age woman who was living in Spain. My father years ago married a younger woman in New York. My father died about 5 yrs ago and left no will. His widow treated me like a duaghter and always told me that she had no family, except one son. That son of her died, so she has no family. She was recently diagnosed with a terminal disease. when she found this out, she called me in Spain and told me to came to NY. I spend money on flights, hotel, and also I gave her a $2,000 loan. Once in NY she gave me a power of attorney so I can sell her house and land she has. she said that the money from the sell should be for me and that she always wanted to give me those properties. My step mother (I never been formally adopted by her)passed away a few days ago, days before she was to make a will. So she has no will, and no family except me, and since I'm not legally her daughter I think her property will go to NYS. What can I do?
5 Answers from Attorneys
Re: Step daughter confused
You have a claim against her estate for your expenses and the loan. The power was nullified upon her death and her oral statements do not constitute a will.
Apply in Surrogate's Court in the County she resided for Letters of Administration.
Re: Step daughter confused
Her property will go to her closest living relatives, no matter how remote.
Unfortunately, you will not inherit.
You may be entitled to recover your loan and expenses.
As a creditor, you can apply to become the administrator of her estate (assuming that there is no Will).
Re: Step daughter confused
First you should know that if your step mother gave you a power of attorney in consideration for you coming to NY and for lending her $2,000 then it does not matter that your mom died, the power of attorney is still valid to accomplish the sale of those properties. Now in regards to actually keeping the proceeds once you sale those properties and deduct your expenses and loan amount, is another matter. If you like you can call me to discuss this case further.
Re: Step daughter confused
The power of attorney expired upon her death. You will not inherit from her estate.
Daniel Clement
Re: Step daughter confused
It must be hard losing not only your last link to your father. You have my condolences to you on your loss.
Regarding the material/money matters, things are not as dark and hopeless as my colleagues suggest.
You are still her step-daughter and you still have an opportunity to claim the estate.
A good attorney can help you.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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.
