Wake Forest, NC asked in Elder Law for New York

Q: How does NY State intestate laws if only asset is a home and spouse and children are living?

Dad has been dead many years. 3 kids, mom still living. Only asset is one house in NYC. How much does mom get if we sell home after intestate is completed by the court?

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: The laws of the state where Dad was last a resident will apply. If he was a resident of New York and died without a Will, assets are split 50% to surviving spouse and the other 50% to surviving children.

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