Bainbridge, NY asked in Family Law, Estate Planning and Probate for New York

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.

Will is not done yet and they are not in the will. New York state

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

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.

Bonnie Lawston agrees with this answer

Bonnie Lawston
Bonnie Lawston
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

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.

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.