Do I have a claim to my father’s estate?

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Do I have a claim to my father’s estate?

My father died suddenly 2 weeks ago at age 52. He had remarried and lived with his new wife. Under NY law does she get everything or do I have legal rights to a portion of his estate?

Asked on July 22, 2011 New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, did your father have a Will? If he did and you were not listed as a beneficiary then you may have been disinherited. And this is perfectly legal; a child has no automatic inheritance rights in such a situation. However, most states require special wording in a Will to prevent accidental disinheritance; for instance,if the deceased was not aware that they even had a child. Bottom line, so unless your fatherdid not know of your birth, if you were not listed as beneficiary in his Will you are not entitled to inherit.

On the other hand, if your father did not have a Will when he died then he died "intestate". Accordingly the laws of the state in which he was domiciled when he passed control. In most states, that means that the estate is split between a surviving spouse, if any, and all children. In NY, a spouse receives the first $50,000 and 1/2 of the remainder of the estate, with the other 1/2 to the children. 

Note: Not all of your father's assets would necessarily be included in his probate estate. For example: life insurance proceeds, 401k funds, joint bank accounts and, in some cases, co-owned real estate. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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