Legal Question in Wills and Trusts in New York

I lived with my girlfriend for 7 years. She recently died of cancer, she never worked and I paid for everything. Her mother is her health proxy, who keeps all belongings after her death? Me and my child or her mother?


Asked on 8/21/11, 5:46 pm

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

I am sorry for your loss. The way it works is that the will rules for the most part (there are certain laws, like not being able to quietly write off your spouse completely). I am assuming we don't have a will here, just a HCP (everyone should have a package of documents for what happens after death, including a will, HCP, Living Will, Power of Attorney, and pet trust-all inexpensive to do). Where there is no will, NY' State's intestacy laws govern distribution of assets. There is, in layperson's terms, a line of people the IL go by, and parents of the decedent would collect only if there were no people above them in line, and spouses and kids are at the head of the line (then there are more rules as to how this is broken down). I cannot be more specific without knowing more. Again, I am so sorry for your loss.

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Answered on 8/22/11, 9:43 am


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