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if the father of my 2 year daughter owns property in new york:a house…

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if the father of my...

if the father of my 2 year daughter owns property in new york:a house and a joint business venture with sister in law /wife(deceased- no will)/himself owned - has 2 adult kids.
He also owns a house in michigan. If he passes without a will how will my daughter be effected. We are not married. We live in michigan.

Submitted: 4 years ago.Category: Estate Law

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2/12/2015

Estate Lawyer: DamienJD, Attorney replied 4 years ago

DamienJD, Attorney

Category: Estate Law

Satisfied Customers: 11,221

Experience: Attorney. Well versed, understanding, friendly

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Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!
You are correct. You would not have any authority on your own right. However, you would have authority on behalf of your daughter to protect her interests.
If the father of your child resides in Michigan and dies without a will, the intestate laws of Michigan apply even if some property or his business is in another state such as New York.
In Michigan, if there is no spouse, the children inherit everything equally. So, whatever the father owns, goes to the children equally. If his sister lives in New York, has no children and her parents are deceased, and has no other siblings, her share goes to her brother. If his deceased wife owned property and lived in New York, you are correct, in how it would be distributed in New York.

Customer reply replied 4 years ago

Not satisfied yet... the first 2 paragraphs I knew already- along with the first 2 sentences of the 3rd paragraph.
The business property in New York that he had attained while he married-he went into business with the Sister-In-Law (not sister)/ wife / himself, with no official contract( just verbal contract) -family business venture. Where he either owns now either 1/2 now?or 2/3 (since wife died)? Does his portion of the ownership in the business disappear and go to the Sister-in-Law, if he dies without a will or business contract?
I know that you said the children would split the estate equally- However do the children in New York own any part or percentage in the house or business ( property of both parent) in New York, due to death of their mother? Would that exclude my daughter from property in New York? I want him to know the problems he will leave his family ( his 2 daughters in New York & his daughter and me in Michigan)if he doesn't prepare a will.
Also there is additional question regarding financial- He has put me 100% beneficiary on the bank account- will that change if there is no will? Because you stated that his things would it be split between the 3 kids, since we aren't married.
++If you are able to answer these questions to satisfaction and I can talk him into finally preparing his will- by showing him the PROBLEMS it would cause if there isn't one- I will need an attorney for him. I know that this site is about giving legal advise and not a contract. However, if you can please leave your name and contact information and area of expertise in your next response I would appreciate it. I would like to have it on hand- in case I may need it in the future in preparing a will. Thank you.

Estate Lawyer: DamienJD, Attorney replied 4 years ago

Hello:
Are you able to chat on the phone? It would be easier for me to understand all the facts and we can go over the law. There is a slight additional charge but it would be worth it to you because you will get to make sure you get the answers you want.
Let me know.
- Damien
PS. I am located in New York.

Customer reply replied 4 years ago

Yes, I can talk on the phone, whats the additional charge? Where in New york? Anywhere in the Queens or Brooklyn area?

Estate Lawyer: DamienJD, Attorney replied 4 years ago

Yes. I practice in Queens, Brooklyn, Manhattan and the Bronx. I will send youth request with the proposed charge.
- Damien

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