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My husband died befor the divorce was final his son is threatening to go after my property can he do that

Webster, NY |

I don't care about a home that was in his name it is everything I own and his son said he is going after 1/2 of everything I own is that possible I guess I need someone to calm me down so I don't have a panic attack

Attorney Answers 6


  1. Best answer

    If your divorce was not final at the time of his death and you and he did not enter into an agreement settling your property rights, then everything that is in joint names with rights of survivorship remain yours. If he died with a Will, then all property that is not in joint names with rights of survivorship will pass through his will. If he didn't have a Will or had a Will and disinherited you, you will have a right to elect against his Will. Was there a Will or an agreement? Don't be afraid of his son, he is simply trying to scare you into giving him property rights that he might not otherwise have.


  2. I am sorry that you are going through this. As his wife you are most likely entitled to everything left if there was not a will, if the divorce was not final. Chat with your lawyer, you should be fine. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. I'm sorry for your loss. I'm afraid there are a lot of pieces of information that are missing from this account, that an attorney would need to determine what rights you and your stepson (I assume) would have to your late husband's property. The most important questions are, did he have a will, and if so, what were its terms? You should consult with an attorney who practices in your state, who can help you answer these questions. It's quite impossible for anyone to know these things - or to provide meaningful psychological counseling - over the internet.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  4. I agree with Attorney Tebano's answer, she is 100% spot on.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  5. If the divorce was not final and if there was no written agreement dividing your assets, the son cannot seek half of everything you own. If your husband had a will, his will is controlling. If he did not have a will, NY estates law will govern.


  6. Speak to an estate lawyer and bring the will if there is one. In NY you have a right to a minimum of $50,000 plus one half of the estate. If there is no will, then you should still speak with an estate lawyer.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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