Legal Question in Family Law in New York

My wife's mother passed away and did not leave a will, what would happen to her house?

Asked on 1/27/16, 1:50 pm

1 Answer from Attorneys

John O'Donnell Attorney at Law

If your mother in law was a resident of the State of New York at the time she passed away, her assets (that is, those assets that she held in her name alone) will pass according to New York Law. A very brief summary of the law is as follows:

1. If there is a surviving Spouse and children: $50000 + 1/2 to spouse and remainder to her children

2. All to Spouse, if no children

3. If no spouse but children: all to children (by representation)

4. If none of the above, then to Parent or Parents

5. If none of the above to nieces/nephews

I recommend that you consult with an attorney to ascertain how the law will apply in your case.

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Answered on 1/27/16, 2:49 pm

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