Legal Question in Wills and Trusts in New York
intestate
a stepson dies without a will. no wife no children and no mother or father whom was my husband of 47 years. there was no spouse on the mothers side and no other syblings, my husband and I have 5 children, there is property and I don't know what else, it was turned over to a public administrator. should I ask for an accounting or list of assets, are my children or I entitled to any of the assets. should I retain my own attorney. Must my children sign a Waiver of citation giving
full control to public administrator? Small estate about $150,000. Thank you
3 Answers from Attorneys
Re: intestate
Under NY intestate law you have no standing to inherit.
Re: intestate
If your five children are half-brothers and half-sisters to the decedent, they may be in line to inherit. Contact an attorney in your area who concentrates in Probate Law. (Call your county bar association if you need a referral.)
Re: intestate
When someone dies intestate, the lineage as reflected in a family tree will control the disposition of assets. Thus, if the only possible blood relatives are natural children of a common father, they would be the heirs to take by intestacy. You should contact a local estate attorney, obtain, if necessary, birth certificates for the children verifying the common father, and submit your claim to the administrator.
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