If my mom passed away 3 months ago and she was married and had property in her name, am I entitled to something?

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If my mom passed away 3 months ago and she was married and had property in her name, am I entitled to something?

I am an only child.

Asked on June 18, 2012 under Estate Planning, New York

Answers:

Roman Aminov / Law Offices of Roman Aminov

Answered 9 years ago | Contributor

The answer depends on whether she had a will, the extent of her assets, and whether she was married. Without a will, you may be entitled to a bit less than half the estate if she was married. If she was not married and did not have any other children, all her property would pass to you. I would advise speaking to an attorney about this matter without delay.

Kristina Combs / The Law Firm of Kristina L. Combs, PLLC

Answered 9 years ago | Contributor

If she had a Will, it would depend on what her Will states.  If she did not have a Will, it would depend on whether her spouse is your father, and it would also depend on whether the property is considered community property or separate property.


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