Legal Question in Wills and Trusts in New York
No Will
My father passed away August 30th of this year. He does not have a will. My father was married to my Step Mother at the time of his death. He had a child with my Step Mother and has three other children including me from a previous marriage. Does the children from previous marriage have any rights. My step-sister is 19. Children from previous marriage are all over 30 years of age. What rights does the step mother and 1/2 sister have? I have never met my step mother or step sister. Didn't find out about my father's death until the day of the funeral which was held in albany, NY. I talk to the surrogate clerk in albany and she said their was no will on file. Do you have any suggestions for me about how to go about finding out more information and what our rights are. I haven't contact my step-mom beacause I don't want to cause a fude. I would just like a momentum to hang on to of my father's.
3 Answers from Attorneys
Re: No Will
Under New York law, if there is no will, property in the estate, not jointly held is distributed as follows: $50,000 plus 1/3 to the surviving spouse, the balance divided among the children, You, your siblings and your step-sister would all get equal shares.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.
Re: No Will
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
By the way, just because no Will is on file in the Albany Surrogate's Court does not mean there could not be a Will that might eventually be presented for probate.
Re: No Will
My condolences on your loss.
You have the same rights as the other legal children. Children by blood and adopted children have equal rights. The new marriage changes nothing.
The children of the step-mother who were not sired by your father or adopted by him have no rights at all.
Because there is no will, the estate is divided up according to the law. The step-mother gets 50,000 and 1/3 of the remainder and the children divide up the rest equally.
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