Legal Question in Wills and Trusts in New York

probate court

My stepmother recently passed away in Europe. She had been living in the US for 40 yrs. Her blood relatives in Europe are required to sign off on probate paperwork. Why don't I have to also?


Asked on 4/18/08, 7:16 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: probate court

From your question it is not clear whether the probate procedure is in Europe or in the United States. As a stepchild, in New York and probably all other states, you are treated as a biological child. As such, you are an essential participant in the proceeding. Is it possible that the people handling the probate do not know of your existence or your relationship to your stepmother?

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Answered on 4/18/08, 8:42 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: probate court

You were not required to 'sign-off' because as a step-child, you are not an heir-at-law' and would not take under the intestacy statute in NJ.

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Answered on 4/21/08, 9:37 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: probate court

The answer to your question is that they are related to your step-mother through blood. You are not related to your stepmother as you are not a direct descendent.

Did your stepmother leave a will naming you as a beneficiary?

Did your stepmother leave a will naming you as an executor.

Without a will, you do not have much chance of inheriting anything.

you did not state in your question as to where your stepmother resided, and where her assets are. That is important to know.

If you want to contact me- please feel free to do so.

jeff lazroe

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Answered on 4/21/08, 10:38 am


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