Legal Question in Wills and Trusts in New York

my wife started having an affair with a man who then took over 90 thousand dollars buying vehicles and a travel trailer and spending our life savings as fast as they could, then she died and now that man says everything they bought is his! I am blind and disabled and feel terrible do I have any rights in getting back that money from him?

Asked on 3/28/11, 8:10 am

1 Answer from Attorneys

Michael Haber Law Offices of Michael S. Haber

I am sorry you are having such troubles. When your wife died, any assets that she had would be distributed in accordance with her will, if she had one, or according to the laws of intestate succession. Either way, you would have a significant claim as to any assets owned by her at the time of her death. In New York, even if she had a will that did not name you, you would be entitled to at least one third of her estate. And if she had no will, you would be entitled to at least 50% of her assets.

Having said that, however, reality is sometimes different from theory; that is, you would need significant proof to show that any particular assets truly were owned by her at the time of her death.

If you would like, you may feel free to get in touch with me and perhaps we can go over some of the details. I can be reached by e-mail at [email protected] or by telephone at (212) 791-6240. Of course, you are free to consult with any attorney of your choice.

Good luck to you.

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Answered on 3/29/11, 6:17 am

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