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Barrister
Barrister, Attorney
Category: Estate Law
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Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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ok if the piece of paper is not valid in New York State, who

Resolved Question:

ok if the piece of paper is not valid in New York State, who does the items belong too, my stepdad or her( his daugther) and can she take them out of the apartment without my consent...
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.
Hello again,
.
If the paper that mother drew up doesn't comply with the legal requirements to either gift or will her personal property, then if she owned it with her husband when she passed, then it would become his property as it would pass as community property. But if it was separate personal property like a diamond ring that she was given, then would either pass under any will or through the state laws of intestacy. If she passed with no will in NY, then the spouse gets the first $50,000 and half of anything over that. The children split anything over $50K.
.
NY Estates, Powers & Trusts, Article 4
§ 4-1.1 Descent and distribution of a decedent's estate
.
Distribution shall then be as follows:

.
(a) If a decedent is survived by:

.

(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.

.
(2) A spouse and no issue, the whole to the spouse.

.
(3) Issue and no spouse, the whole to the issue, by representation.

.
.
So if mother passed without a will, husband gets the first $50,000 of her estate and half anything over that.. If there is not $50K in the estate, he gets everything.
.
As the POA for husband, the daughter would have the legal authority to remove the personal property and do whatever the husband directed her to do with it since he owns it.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22628
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 6 other Estate Law Specialists are ready to help you

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