intestate in NY

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father deceased only his personal property was listed as assets and his children where not listed as heirs. The property that he and my step mother resided in is not listed and neither are their winnings from the NY state lottery.
 
father deceased only his personal property was listed as assets and his children where not listed as heirs. The property that he and my step mother resided in is not listed and neither are their winnings from the NY state lottery.

This spells out who takes what, if someone dies in NY without benefit of a will or trust:

http://www.nycprobate.com/411.html



This sums it up:

If the deceased is survived by a spouse and children, the spouse receives $50,000 PLUS one-half of the balance within the estate.

The remainder is passed by statute to the children to be shared equally.

If the deceased is only survived by a spouse, then the spouse has an interest in the whole estate.

If the deceased leaves no surviving spouse but is survived by issue, they will divide the entire estate equally.


 
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