New York, NY asked in Probate for New York

Q: I am the eldest daughter of a man who just died; he has a common law "spouse" and another daughter. What are my rights?

The common law wife was previously his legal wife but they divorced; the other daughter is theirs. I'm currently in New York, he lived in Texas. I do not know if he had a will, or what is "estate" consists of and am not sure I will be considered when everything is reviewed. What are my rights?

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2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If he left a Will that would control. If not, Texas law will dictate who is a beneficiary of the estate. If they divorced she might not be considered a common law wife. You should consult a Texas estate attorney to determine what your next steps should be.

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It is a TX law question if that is where the estate is located. NY, where you live, is irrelevant.

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