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