If there was no Will, who would an estate go to?

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If there was no Will, who would an estate go to?

My husband’s grandmother passed away a few years ago. She did not have a Will so everything went to his father, who died 6 months ago. He also did not have a Will. We are trying to figure out who the property would go to – my husband’s mom who hasn’t been with his dad in over 30 years or the oldest child. How would we get the deed of the home?

Asked on May 2, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your husband's loss.  If your Father in law died with out a Will then it is said that he died intestate.  Now, if he was still legally married to your mother in law and there was no separation agreement or other legal contract in place between them then she does indeed inherit under his estate. In New York she gets $50,000 and one half of the "residue" of the estate.  The kids share the other half equally.  Get legal help here.  Good luck. 


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