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My aunt's will

Discussion in 'Division of Marital Property' started by Bogdan Bucur, May 19, 2022.

  1. Bogdan Bucur

    Bogdan Bucur Law Topic Starter New Member

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    Hello!

    My wife's aunt (mother's sister) just died. She was an american citizen. She died here in Romania. Her husband told us that they made a will and he will enherit everything, but out of the good of his heart will give her some scraps. We haven't seen a will, we just have to believe him. Is there any way that we could see her will even though we are not american citizens?
    She hated her husband's side of the family and she was clear, the years before she died, that she wanted her properties/things to go to her sister.

    Thank you in advance for your answer!

    Have a nice day!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    First thing your mother-in-law has to understand is that married couples generally own all their assets jointly with right of survivorship. The husband inherits everything anyway.

    If the deceased owned anything as her sole and separate property that property would have to be probated where the property is located. The probate file would be public record. In NY that's the Surrogate Court.

    If they owned any assets in Romania, well, you can google Romanian probate law and see how that goes.

    Her wants are meaningless unless she put them in a will or devised them in some other legal manner.
     
    Michael Wechsler likes this.
  3. Bogdan Bucur

    Bogdan Bucur Law Topic Starter New Member

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    Thank you very much for taking the time and answering my question!

    Have a nice day!
     
  4. zddoodah

    zddoodah Well-Known Member

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    Why did you tag this as relating to New York? Was your wife's aunt a resident of New York who happened to be visiting Romania at the time of her death? Did she have any assets in Romania, or are all of her assets located in New York? For the time being, I'll assume she was a resident of New York with all assets in New York.

    Sure. In the abstract world of all that is hypothetical, virtually anything is possible. Your citizenship has nothing to do with it, by the way.

    Made it clear to whom and how?

    Her feelings about "her husband's side of the family" are irrelevant. No one on his side of the family would stand to inherit anything from her unless she had a will that said so. If she hated her husband and didn't want him to get anything, then she should have divorced him. If she had a will, then the will controls the disposition of her assets (subject to her husband's statutory right to a portion of the estate if her will left most or all of the estate to others). If she had no will and no children, grandchildren, etc., then her spouse inherits the entire estate.
     
    Michael Wechsler likes this.
  5. Red Kayak

    Red Kayak Well-Known Member

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    It's near impossible to get rid of NY residency, so maybe it's relevant.
     
    army judge likes this.
  6. zddoodah

    zddoodah Well-Known Member

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    Hence the reason why I asked.
     

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