Legal Question in Wills and Trusts in New York

adult child rights during probate

My mother passed without a will. She remarried 5 yrs ago. All of her property, including her house is soley in her name. Her surviving spouse is in the house for the last 2 yrs. and still there, not paying the bills. He has locked me out and has not allowed me to retrieve my personal belongings. i resided in the house til 2005. we have both petitioned for administrator, but my lawyer who started off aggressive is ignoring my calls and not doing anything. Do i have any rights as i am her only child? Please help. I have court this wk and am flying to attend bcuz my lawyer is not representing me at all. I'm afraid he's gonna blow it. I've been told i'm entitled to certain things because I was her child. the estate is small and i would rather they appoint someone outside the family to be appointed administrator as my stepfather wouldnt even help bury my mother. he wants everything. She paid all the bills their entire 5 yr marriage, he claims he's disabled and the poor me act, when he gets around better then some 20 yr olds. just a real schmuck, i know that doesnt matter to the judge but everyone knows he wont be fair about this if he gets temporarily appointed. he will not take care of the taxes etc. I am feeling disgusted. thank u.


Asked on 1/06/08, 3:34 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: adult child rights during probate

This is from the NY Intestacy law. You have an interest in the estate, complicated by the house.

New York

Estates Powers & Trusts Law

--------------------------------------------------------------------------------

NY EPTL, Article 4

DESCENT AND DISTRIBUTION

OF AN INTESTATE ESTATE

PART 1. RULES GOVERNING INTESTATE SUCCESSION

Section

4-1.1 Descent and distribution of a decedent`s estate.

4-1.2 Inheritance by non-marital children.

4-1.4 Disqualification of parent to take intestate share.

4-1.5 Other disqualifications.

4-1.6 Disqualification of joint tenant in certain instances.

S 4-1.1 Descent and distribution of a decedent`s estate

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.

You should check with the Surrogate as to whether or not the above applies just to liquid assets (cash, bank accounts, securities and the like) and/or also includes the real estate. If the real estate is included, the spouse would be obligated to maintain the property (pay all bills) but you could be required to contribute your pro rata share.

This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 1/06/08, 3:51 pm


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