Q: My step mother of 5 years passed away and we are being told my that part of fathers estate will go to her children.

A: In New York State, the distribution of an estate depends on the specifics of the will and the laws of intestate succession. If your stepmother passed away and the will is not yet completed, the distribution of her estate will be based on the existing will, if there is one, or according to state laws if there is no will.

If your father's estate is still intact and he has not passed away, his assets typically would not automatically transfer to your stepmother's children upon her death, unless specified in his will or other legal arrangements. The distribution of his estate will depend on his will or, in the absence of a will, state intestacy laws.

It's important to review any existing legal documents, like wills or trusts, that pertain to your father's estate. This will give clarity on the intended distribution of assets.

If there are concerns or uncertainties about the distribution of the estate, it may be beneficial to consult with an attorney who has expertise in estate law. They can provide guidance based on the specifics of your situation and the relevant laws in New York.

Remember, estate matters can be complex and emotionally charged, especially in blended families. Seeking legal advice can help ensure that the estate is distributed fairly and according to legal requirements.

A: If all of your father‘s assets passed to his spouse, then either Her will controls, or if she passed without a will, then intestate laws would apply. However, if there is no well, then, the law looks to the intestacy laws to distribute her estate pursuing to Next of kin.