Rumson, NJ asked in Estate Planning and Probate for New York

Q: Is it too late?

My father in law passed without a will 9 years ago in NY. His wife wouldn’t speak to anyone and my husband received nothing despite having property, cash and other assets. Is he entitled to anything and is there anything he can do?

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If your father-in-law died intestate (without a Will) with property that was not jointly held or with no named beneficiaries, it would pass under New York State law. Since there was a spouse and at least one child, those assets would be split between them. Real estate would be a matter of public record. If it was NY property owned in his name alone, it is likely your husband would be entitled to a share.

Michael M Marques and Marco Caviglia agree with this answer

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