My dad died without a will

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption