The question you thought you would never have to ask. My Father passed away this year in NY with no will. Large estate and owned a business. Has a step wife for about 10 years, there are 2 children and 3 stepchildren, at some point do my sibling and myself inherent a portion of the estate at her death or does she spread the wealth as she wishes?
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no will = happy stepmother
- Thread Starter llee
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If this woman was married to your father at the time of his death, she was his wife, not his step-wife.
Under the laws of intestacy in New York, his wife is entitled to the first $50,000 of the estate, plus one half of the remaining property. His children (but, I believe, NOT including step-children) are entitled to the other one half of the property.
Someone - possibly the wife, possibly you or your sibling - should apply to be the administrator of the estate to distribute the property accordingly.
Under the laws of intestacy in New York, his wife is entitled to the first $50,000 of the estate, plus one half of the remaining property. His children (but, I believe, NOT including step-children) are entitled to the other one half of the property.
Someone - possibly the wife, possibly you or your sibling - should apply to be the administrator of the estate to distribute the property accordingly.
I have a similar situation, however, my father lives in New Jersey.
Remarried and his wife has 2 children.
I live in New York, and my father has 3 children that all live here.
He does not believe in writing a will. His wife has said repeatedly that she and her children will inherit it all. She has convinced my father not to talk to us. Although we try to send cards, all calls are monitored by the answering machine. My father always told us that we would get something. All he has is a big house on a large plot of land. Minimal savings. He bought the house with his money.
So the obvious question that we have is: if his wife continues to prevent my father from speaking to us, how will we ever know when he passes away, AND, are we entitled to anything, since he has no will. I know we are dealing with NY and NJ.
Remarried and his wife has 2 children.
I live in New York, and my father has 3 children that all live here.
He does not believe in writing a will. His wife has said repeatedly that she and her children will inherit it all. She has convinced my father not to talk to us. Although we try to send cards, all calls are monitored by the answering machine. My father always told us that we would get something. All he has is a big house on a large plot of land. Minimal savings. He bought the house with his money.
So the obvious question that we have is: if his wife continues to prevent my father from speaking to us, how will we ever know when he passes away, AND, are we entitled to anything, since he has no will. I know we are dealing with NY and NJ.
My situation is also similar. My father passed away in Montana in July with no will. However, he had only been married a year. They have no children together. Her two children are grown, and barely knew my dad (one had never even met him). She has everything now. Even things that have been in my family for generations. She plans on leaving part of my dad's estate to her children when she goes. Is there anything that my brother and I can do to keep our father's possesions in our family?
You asked this and got an answer in another thread:
You can challenge her appointment, but you're unlikely to succeed. What you CAN do is challenge her distribution. She has to distribute the estate in accordance with the law.
lwpat is right - depending on the size of the estate, she's not entitled to everything. Under Montana law, she gets the first $100,000, and 1/2 of the rest. Your brother and you get the other 1/2 of the rest.
Her kids aren't entitled to anything - so you're not "taking their inheritance".
If she is not distributing the estate as required, contact an estates lawyer.
You can challenge her appointment, but you're unlikely to succeed. What you CAN do is challenge her distribution. She has to distribute the estate in accordance with the law.
lwpat is right - depending on the size of the estate, she's not entitled to everything. Under Montana law, she gets the first $100,000, and 1/2 of the rest. Your brother and you get the other 1/2 of the rest.
Her kids aren't entitled to anything - so you're not "taking their inheritance".
If she is not distributing the estate as required, contact an estates lawyer.
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