estate left but no will in new york

[Hawk2Nyte]

my father passed away Jan 2002 and left
a wife and three children without a will.
he owned his home and a three family apartment building. the building has been sold by my mother. I am inquiring to find out nys law concerning this type of situation. what are the children entitled to if anything.

 

[advisor10]

2-16-2002

DEAR HAWK2NYTE:

Do you have any idea of approximately how much the estate is worth?

Was the building sold before or after your father died?

I consulted a reference book about New York probate law and it says spouse is entitled to at least the first $50,000 of the estate, and then 1/2 of the balance of the estate goes to the spouse, and then 1/2 of the balance goes to the children.

Someone in the family (probably your mother or any of the children or any attorney you would hire) would need to file paperwork at the county courthouse probate court to become administrator of the estate, responsible for collecting all monies/assets, and then using that money to pay any outstanding bills, debts, funeral expenses, and then dividing what is left over among the heirs.

To get a more specific idea of what you would be entitled to, you really do need to speak with a local probate attorney.

SINCERELY,

advisor

 

[Hawk2Nyte]

The property is supposed to go to closing
sometime around the end of the month.
It was sold for approximatley $287,300.