Parent Died with out will ....HELP! NY

[reyrey39]

What is the name of your state (only U.S. law)? Ny Sate

My father died and he did not have a will. Him and my mother were married when I was born, divorced when I was 2. He then dated someone for 30 years until his death. They never married but did have 2 children. When I turned 21 my father and I had a DNA test because of issues that were happening and we found out that he was not my father. He is on my birth certificate and always has been my dad.It Didn't matter to us about the DNA. His girlfriend and I never got along and his other children and myself have a big age gap. In the last 5-6 year my dad and I had a relationship but I completely cut ties with his girlfriend and other kids. He passed away and did not have a will. Last night his girlfriend asked me to talk to her lawyer and that I could help things along by signing a paper stating he wasn't my father, and that I didn't want my 1/3 of his estate. I have a feeling that maybe I was named benificuary on something and she doesn't want me to know. I just don't know what to do. I really didn't want to fight with anyone but I know that my dad would not want me to have anything. Any suggestions?

 

[justalayman]

he is your father for the purposes of his estate. The DNA is meaningless. Do not give away what is yours unless you actually intend to do that.

You don't necessarily have to fight, unless the administrator of the estate attempts to cheat you out of something. I would suggest finding out where probate has been opened (typically in the county of his residence at the time of his death) and get copies of what is in the file now and check regularly to see if anything is added.

 

[reyrey39]

he is your father for the purposes of his estate. The DNA is meaningless. Do not give away what is yours unless you actually intend to do that.

You don't necessarily have to fight, unless the administrator of the estate attempts to cheat you out of something. I would suggest finding out where probate has been opened (typically in the county of his residence at the time of his death) and get copies of what is in the file now and check regularly to see if anything is added.

So I would go to the county clerk or courthouse and ask for copies of what has been filed? I did call her lawyer to see what exactly it is that she is looking for me to do but he did not return my phone call. Is it possible that I have been named on something and she is trying to get me to sign off before knowing? He worked for a large company for 40 years and was still an active employee at the time of his death. I know that he had life insurance, stocks and a pension.

 

[justalayman]

if there is no will you are entitle to a share of your father's estate. If there are 3 children total, then you are entitled to a 1/3 share of his estate, whatever it is worth. He did not have to assign anything to you for you to be due that.

 

[reyrey39]

So at this point is it necessary for me to need legal representation? The lawyer she has working for her is an old family friend. I know he will be looking out for her and her children. I will go Monday and see what kind of paperwork has been filed. I am just not in a position to retain and pay a lawyer right now. I truthfully don't even understand the process that is going to take place. I know that his girlfriend and children will not be up front and honest about anything either. For example he owns a property that is being rented, the tenants are paying rent each month were is that money going? I don't even know what is supposed to happen to that money, or any money that was in his bank account upon his death. He was in the hospital for a month before his death and I know he was still getting a paycheck every week. Are these things that I should worry about?

 

[justalayman]

I see no need for it at the moment


and make sure you understand; the estate attorney, your father's girlfriend's attorney, or any other attorney is not your attorney. Your attorney is the one you contract with to advise you. Do not accept legal advice or counsel for an attorney that is not yours. Others have no obligation or duty to you, but they do to their client.

 

[reyrey39]

Thank you for your help.

 

[justalayman]

Thank you for your help.

As to the income from his property; that now goes to his estate. It can be used to pay bills if needed. If not needed, it accumulates and is eventually distributed to the heirs.

The ownership of the house. If solely in his name, each child would be due a 1/3 share or 1/3 of the value.


His bank accounts: depends how they were held. If solely with no pay on death designtation: same as the rent. If needs to pay estate expenses or debts, it is there. If not it gets tossed into the pot which you appear to be due 1/3 of.

 

[LdiJ]

To recap:

You are legally your father's child. As such, since he had no living wife and three legal children you are entitled to 1/3 of his estate. That will be 1/3 of what is left over after all of his debts are paid.

The mother of his two other legal children wants you to give up your 1/3 so that her children can have all of it. You do not have to do that. You can sit back and wait until the executor of his estate sends you your 1/3.

You also have the right to give up your 1/3 if you feel that is the appropriate thing to do, but its entirely your choice.

 

[reyrey39]

He owns multiple properties with and without houses. The one I mention is actually in his name and his mothers. His mother passed away a year before him. The house was free and clear without a mortgage. So I don't know how that works. He did have a sister.

He owns another house that is in his name but there is a mortgage on that property. This is were the girlfriend and the children live. I should also mention neither of the other children are minors. (both over 18)

I know that he has various debts and I understand they need to paid. I am confident with selling some of his assets these debts could easily be paid. I just also know that the rent that is being dropped off to his girlfriend is not being accounted for, and I am sure his checking account was emptied by her weekly as the paychecks got deposited. She had his debit card, they were together for 30 years so she knew his pin number. I do know that her name was not on the account.

She also informed me that he lawyer told her to stop paying his debts. Truck payment, mortgage payment etc. Seems to me that that is only going to hurt her children in the long run but at the same time if all of his money is held up in court she couldn't afford to pay them. He was always the bread winner and supported her and the children.

I just wish my dad had a will. So I knew what he wanted or didn't want. I do know he would never want me to left out but I also know that her and her children will do everything they can to try and leave me out. I want to be fair but I also don't want to be bullied into signing a paper saying he wasn't my father. I just feel like something is being hidden from me and I am not sure how to find out. I have talked to my dads sister who is 100% on my side, told me not to sign anything. I know he wasn't a millionaire, I am not looking to get rich, I just will not sign a paper saying he is not my father, I refuse to do it. I would never give her and her kids the satisfaction. He was always my dad from the second I was born and once the DNA came into play I was't accepted by her or the children. It then was all about them and I was a nobody. That is why my father and I had relationship without them involved.

What rights do I have? Can I call his job and ask who was named beneficiary on his things from work? or are these all things I will find out in the paper work filed at the court house?