I’m being told as I am listed on the estate and have papers from the court im intitled in my mother’s inheritance that i

Question

I  am told after all is said and done out of the $75;000 dad settled for from my birth mothers lawsuit, he claims he gets %50 then half of the remainder balance and because after the lawyer and bills are payied the two children will not  
Get anything he himself will get $30;000 at the end out of the $85000 he will get for himself and again I get nothing this is what I’m being told and don’t feel like I’m being told the truth here please help me understand why this is please I have not been involved in this they kept me out of it and I did read Ā paper my father signed stating he will get $30000 after everything’s paid off lawyer etc and we will not receive any money because it’s lower then $75000 that he settled for my sister is telling me this and said there’s nothing leftover for her and I im confused

Peter Klose · Answer

It is hard to tell from your description of the facts, but it sounds as though your mother died without a will.   If that is the case, then inheritance is governed by the Estates Powers and Trust Law § 4-1.1 Descent and distribution of a decedent's estate, which provides, "The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows: (a) If a decedent is survived by: (1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation. 
 
Bottom line, depends upon whether your mother was married at the time of her death.  If she was most of what you are describing sounds accurate.   You should consult with a local attorney.

Q: I’m being told as I am listed on the estate and have papers from the court im intitled in my mother’s inheritance that i