next of kin inheritence
My great aunt passed away leaving no will. Her estate was divided between 5 neices/nephews. (She passed in 2000). My father (her nephew) passed in 2005. Her estate was just settled (Feb.2007). My sister and I were notified that we will receive my fathers share because he was alive when his aunt passed. My mother left him in July 2000, their divorce was final in 2002. She is claiming that the money should go to her because they were legally married at the time. Is this true??
Re: next of kin inheritence
Did your father have a Will when he passed away? If so, what were the terms of his Will? Also, did your parent's have a separation agreement?
I believe that your mother may have a claim against his estate if he died intestate (without a Will) and they were legally married at the time of his death.
Pursuant to NYS Succession law, a spouse is entitled to the first $ 50,00.00 of their spouse's estate and share half equally with his children.
I hope this information helps. You may contact me at anytime for a complimentary consultation.
Re: next of kin inheritence
Did your father have a Will when he passed away? If so, what were the terms of his Will? Also, did your parent's have a separation agreement?
I believe that your mother may have a claim against his estate if he died intestate (without a Will) and they were legally married at the time of his death.
Pursuant to NYS Succession law, a spouse is entitled to the first $ 50,00.00 of their spouse's estate and share half equally with his children.
I hope this information helps. You may contact me at anytime for a complimentary consultation.
