What to do if my father passed with no Will and my stepmother is denying the biological children any rights?

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What to do if my father passed with no Will and my stepmother is denying the biological children any rights?

Do we have rights?

Asked on July 22, 2013 under Estate Planning, New York

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

Yes.  In New  York, if your father passed away without a will he is intestate.  In New York,  when there is a spouse and children the spouse takes the first $50,000 and 1/2 of the remainder of the estate.  The children split the other 1/2 of the estate.  

If your father's net estate is greater than $50,000, you may consider consulting an experienced probate lawyer in your area.  You should do this quickly.  She may be depleting the estate as you sit back on your rights.  

 

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