Legal Question in Wills and Trusts in New York

Re: Father did not have a will

If your father owned the property as a joint tenant or tenant by the entirety with your mother, and if they had no formal separation agreement, it is likely that your mom would own the house as the surviving joint tenant. If the car was jointly owned with your mother, she would own the car as surviving joint tenant.

If you father owned the car individually, you mother will still get the first $50,000 of his estate, plus half of everything else.

You may have ownership rights

If your father died without a will and the house was in his name alone, you may be able to claim part or all of it for yourself or for you and your siblings. when a person dies with a wife and one child the spouse and child split the estate once the "widows rights" (a set sum and some other items) are taken care of. If there is more than one child then the children split two-thirds and surviving spouse gets one-third.

Re: Father did not have a will

You did not indicate whether any formal separation agreement was ever signed by your parents or how the house is owned, ie:,Joint Tenants, Tenants in Common or Tenants by the Entirety.

If your parents bought the house after they were married, it most likely is as Tenants by the Entirety.

Assuming no written, signed separation agreement and Tenants by the Entirety, you have no right to the house or the car, even if your father left a Will.

This is because real property held by Tenants by the Entirety passes to the survivor by operation of law and because a statute provides that the surviving spouse automatically gets the car.