My dad died without a will
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My dad died without a will
My father who had dementia died without a will. My step mother says everything belongs to her. Do my brothers and I have any legal option. We live in New York State
Asked on May 2, 2017 under Estate Planning, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When someone dies without a Will, they are said to have died "intestate". Accordingly, the intestacy or "succession" laws of the state in which the deceased died will control how their estate is distributed. In NY, when their is a surving spouse and children, the spouse inherits the first $50,000 of estate assets, plus 1/2 of the balance and the children of the deceased inherit everything else. Just be aware that, many assets aren’t affected by intestate succession laws. For examples, property transferred to a living Trust, life insurance proceeds, funds in an IRA, 401(k), or other retirement account, securities held in a transfer-on-death account, payable-on-death bank accounts, or property owned with someone else in joint tenancy. These assets pass directly to the named beneficiary or co-owner, as the case may be.
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