Jackson Heights, NY asked in Divorce and Family Law for New York

Q: My mom in the middle of a divorce and passes away. no will. a restraining again my stepfather.

She had 5 children first three with her first husband last two with the stepfather. what are the children's rights and their inherit according to New York Law? dose stepfather had all the power over their real estate even with the active restraining order in place. Will he have all the power to take all our moms to inherit?

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: The question is where were they in the divorce process. If they had come to an agreement, then that would control. If they were truly in the middle, then your mom is considered married retraining notice or not. Without a will, all the children would share in her estate according to law.

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