Legal Question in Wills and Trusts in New York

Re: No Will & nothing in writing!!

My condolences on your loss.

The law provides a remedy for the lack of a will. The assets are divided equally among the children of the deceased. The possible illegitimate child must establish that he/she is the child of the deased. If he does, then he gets his fair share.

Each child (if the illegitimate does not establish his paternity) will get 1/3 of the estate.

You must submit the matter to the Surrogates Court. Many people handle probate without a lawyer, but it does make it easier to have a professional manage the case.

You are welcome to a consultation for no fee.

Re: No Will & nothing in writing!!

When someone dies without having made a Will, the property passess to the decedent's heirs (as specified in the law).

You should initiate a proceeding in Surrogate's Court called "Administration" to establish who those heirs are.

Your "illegitmate" sibling may share in the estate assets if she/he is an heir (as specified in the law).

If you need assistance with this or any other legal matter, please feel free to contact me (212-971-1384).

Re: No Will & nothing in writing!!

Sorry for your losses. Both John and Tony are correct that you need to start an Administration in the Surrogate's Court where Dad passed away. You do not say who passed first, Mom or Dad, although this might be irrelevant, unless the one who survived left a Will. You will need death certificates for both Mom and Dad to start the process. All legitimate children are entitled to be appointed, although one or more may waive their right to serve. After the proceeding is commenced, the documents issued by the Surrogate will give you the right to start claiming assets. While you may not need an attorney or accountant to start the probate matters, it is a good idea to retain one or both, since accountings of the assets are involved and the potential claim of the illegitimate child needs to be verified. Usually legitimate children are included, but it is important to verify the accuracy of the claim. Contact me directly if you need more information.

Re: No Will & nothing in writing!!

You must beging the Surrogate's court administration procees to gain access to the financial items. The possible illegitimate sibling may or may not have a right to share in your father's estate, depending on the surrounding facts and circumstances.

You should contact an attorney for assistance with the administration process. You may contact my office at [email protected] or at 212-401-2990.

Anthony S. Park