Legal Question in Constitutional Law in New York

Who's legally responsible?

My father has a girlfriend of ten years, a daughter (not biological) and his biological son (myself). My sister and I are curious if something were to happen to him and he past away who entitled by law to handle everything? I believe it's me because I'm blood related and his only connection but does the girlfriend have more power? Where can I go to get legal documentation of whatever the answer is?

Asked on 4/27/09, 3:16 am

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: Who's legally responsible?

There is no easy answer to this questions. The best person to ask is your father and whether he has a last will and testament. In the absence of a will there will have to be a judicial proceeding to determine his survivors who will inherit his remaining assets.

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Answered on 4/27/09, 7:56 am
Michael Markowitz Michael A. Markowitz, PC

Re: Who's legally responsible?

The person listed in your father's will as the executor of the estate comes first.

If your father does not have a will, either you or your half-sister may petition the Surrogate's Court to be the administrator of the estate.


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Answered on 4/27/09, 9:13 am

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