Asked 4 months ago - Webster, NYFlag
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
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.
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.
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