Legal Question in Wills and Trusts in New York

Step daughter confused

I am a middle age woman who was living in Spain. My father years ago married a younger woman in New York. My father died about 5 yrs ago and left no will. His widow treated me like a duaghter and always told me that she had no family, except one son. That son of her died, so she has no family. She was recently diagnosed with a terminal disease. when she found this out, she called me in Spain and told me to came to NY. I spend money on flights, hotel, and also I gave her a $2,000 loan. Once in NY she gave me a power of attorney so I can sell her house and land she has. she said that the money from the sell should be for me and that she always wanted to give me those properties. My step mother (I never been formally adopted by her)passed away a few days ago, days before she was to make a will. So she has no will, and no family except me, and since I'm not legally her daughter I think her property will go to NYS. What can I do?

Asked on 9/16/03, 4:15 pm

5 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Step daughter confused

You have a claim against her estate for your expenses and the loan. The power was nullified upon her death and her oral statements do not constitute a will.

Apply in Surrogate's Court in the County she resided for Letters of Administration.

Read more
Answered on 9/17/03, 12:04 pm
Norman Nadel Norman Nadel, Esq.

Re: Step daughter confused

Her property will go to her closest living relatives, no matter how remote.

Unfortunately, you will not inherit.

You may be entitled to recover your loan and expenses.

As a creditor, you can apply to become the administrator of her estate (assuming that there is no Will).

Read more
Answered on 9/16/03, 4:21 pm

Re: Step daughter confused

First you should know that if your step mother gave you a power of attorney in consideration for you coming to NY and for lending her $2,000 then it does not matter that your mom died, the power of attorney is still valid to accomplish the sale of those properties. Now in regards to actually keeping the proceeds once you sale those properties and deduct your expenses and loan amount, is another matter. If you like you can call me to discuss this case further.

Read more
Answered on 9/16/03, 4:25 pm
Daniel Clement Law Offices of Daniel Clement

Re: Step daughter confused

The power of attorney expired upon her death. You will not inherit from her estate.

Daniel Clement

Read more
Answered on 9/16/03, 4:48 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Step daughter confused

It must be hard losing not only your last link to your father. You have my condolences to you on your loss.

Regarding the material/money matters, things are not as dark and hopeless as my colleagues suggest.

You are still her step-daughter and you still have an opportunity to claim the estate.

A good attorney can help you.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Read more
Answered on 9/16/03, 10:50 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York