Legal Question in Wills and Trusts in New York

No will and step children

My husband refuses to get a will. He owns a business and has 2 children whom would love to take it all. My husband says if no will when he dies, the worst that could happen is that I will get 50% of all assets and his 2 children will get the other 50% to split. Is this true? I also think he may have a will and is not telling me. How can I find out?


Asked on 10/21/03, 7:18 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: No will and step children

You can't until he dies and the Will is offerred for probate. People may opt to file the Will in the Surrogate's Court for safekeeping, b ut this is rarely done.

With no Will, as his surviving spouse, you would be entitled to $50,000 plus one-third of assets in his name.

Any property held in trust, jointly or as custodian would pass outside the Will or estate.

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Answered on 10/21/03, 7:50 pm


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