Legal Question in Wills and Trusts in New York

No will- proof of no children

My husband's brother died last year,

and my in-laws got a letter form his

wife's lawyer asking to verify that he

had no children. Is this something

they HAVE to fill out, and if they

don't send it back, how does it affect

her? (Her name was not on the deed

to the house, and he had no will).

I'm assuming as the wife she would

still get everything, but I just wanted

a lawyer's opinion.


Asked on 3/19/07, 3:06 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: No will- proof of no children

In New York, if there is no Will, and there are no surviving children, then the surviving spouse takes the entire estate. If there are children, the surviving spouse takes the first $50,000 plus 1/2 of the excess over that amount; the children take the other one half.

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Answered on 3/19/07, 4:38 pm


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