Legal Question in Wills and Trusts in New York

My father recently passed away, and was remarried when he died. His home was in both his name and that of his second wife, his first wife my mother is deceased. He had no will however his wishes had been spoken of verbally and via a video tape, sell the home and split the proceeds. We have sold the home and now are looking to split the proceeds. Can our stepmother simply write us a check? Is this considered part of an estate and subject to estate tax, or are I considered to have inheited the property based on his video message? The proceeds i would receive are approximately $135,000.

Asked on 7/13/12, 9:07 am

David Slater David P. Slater, Esq.

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She can write you a check. You should also get it in writing that this is for an inheritance, to avoid any tax implications.

Answered on 7/13/12, 9:11 am

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