QUESTION

How do I fight for my Father's properties without him having a will?

Asked on Jun 18th, 2013 on Estate Litigation - New York
More details to this question:
My Father passed away without a will very suddenly. My step mother passed 8 months later from lung and brain cancer. My step sister is executor of the estates, but I think my parents were not legally married from some paperwork we found after their deaths. My step sister is no longer speaking to me, and I want to ensure my biological sister and myself get what is rightfully ours. My Father owned thousands of dollars worth of firearms, which are in the possession of my step sister's husband. There is a lot of property and a house in both parent's names, and at the time of deaths, over $30,000 in a joint bank account. I need to know my legal rights.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
The issues you speak about are all handled by what the documents say.  If there was no legal marriage, then there may be issues.  But, if both had wills, then the wills govern, and the marriage issue is less relevant.  Personal property like firearms is hard to trace.  Thus, you need to move quickly to assert any rights.
Answered on Jun 23rd, 2013 at 9:12 AM

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