Q: My father died a year ago. Now my stepmother of 6 years passed and we are being told her children get the money that was
Going to be hers. How can that be? They are not in my dad’s will. This is in NY state
A:
In New York State, the distribution of assets after someone's death is governed by their will and the state's inheritance laws. If your father passed away and left assets to your stepmother, those assets would become part of her estate upon her death.
If your stepmother did not have a will, her estate would be distributed according to New York's laws of intestacy. Under these laws, her children may be the primary beneficiaries, especially if she did not have a will specifying otherwise.
It's important to review both your father's will and any estate planning documents your stepmother may have had. These documents can clarify how assets were intended to be distributed after their deaths.
In such situations, it's often helpful to consult with an attorney who can review the relevant documents and advise you on your rights and options. They can help you understand how estate laws apply to your specific situation and what steps you can take if you believe the assets are being distributed unfairly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
