If my dad’s second wife inherits his estate and she then passes away without a Will, what happens to the estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my dad’s second wife inherits his estate and she then passes away without a Will, what happens to the estate?

My dad has 3 children from his first marriage. His second marriage, there are no children. My dad suffered from a serious stroke 2 years ago and has very limited communication; he is in the care of his second wife. I don’t believe that my dad made a Will, so if he passed away his assets would go to his second wife.

Asked on January 27, 2013 under Estate Planning, New York

Answers:

Victor Waid / Law Office of Victor Waid

Answered 11 years ago | Contributor

The answer Will depend on how his assets are titled with hs second wife; if his second wife is not in title with her husband, then the assets would go to his children, but maybe subject to a widow share of any assets acquired during second marriage. If assets acquired during marriage, and held in joint tenancy or community property, and no will is in existence, then second wife would succeed to the after acquired assets by right of survivorship. If assets acquired before second marriage and not commingled with assets acquired during marriage, then assets would be his separate property and go to his children, subject to some exceptions, such as after second marriage increase in value by community assistance of the parties. Obtasin the assistance of a probate litigation lawyer when the time comes to assist you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption