If my father recently passed away with no Will, does my stepmother get everything or are my brother and I entitled to anything?

Question Details:Some accounts have both their names.

Asked 10 months ago under Wills, Trusts, Probate | 327 Views | More Legal Topics

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Roman Aminov | Law Offices of Roman Aminov Answered 10 months ago This Flushing, NY attorney is licensed in New York

You would have to look at how the assets are held, but generally, joint accounts and property in joint ownership passes to the other joint account holder/owner (unless you can show that the joint account was for convenience purposes only). Any other assets get distributed according to intestacy laws in your state. In NY, without a will, the spouse gets $50,000 and half of the remainder. The rest is split evenly amongst the children.

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