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WIFE ONLY IS ON STOCK OF A COOP IN NEW YORK CITY AND DIES…

WIFE ONLY IS ON...

WIFE ONLY IS ON STOCK OF A COOP IN NEW YORK CITY AND DIES INTESTATE. SHE HAS 2 CHILDREN FROM A PREVIOUS MARRIAGE. CURRENT SPOUSE LESS THAN 2 YEARS MARRIED TO HER. WIFE PAYS ALL THE MONTHLY PAYMENTS. HUSBAND IS NOT BOARD APPROVED. HER SOCIAL SECURITY STILL IN HER FIRST MARRIAGE NAME. WHO ARE THE HEIRS?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NEW YORK CITY IS IN NEW YORK STATE

Lawyer's Assistant: What documents or supporting evidence do you have?

NOT SURE WHAT DOCUMENTS YOU ARE REFERRING TO.SHE IS MY DAUGHTER. I AM TRYING TO GET THE COOP FOR MY 2 GRANDCHILDRENS COLLEGE EDUCATION

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

ORIGINALLY THE COOP WAS A MITCHELLAMA BUT WENT PRIVATE ABOUT 8-9 MONYHS AGO. SHE HAS LIVED THERE WITH THE CHILDREN FOR 12 YEARS

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Answered in 11 hours by:
3/15/2018
Thomas Swartz
Category: Family Law
Satisfied Customers: 3,238
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hello Carol Ann,

In New York, when someone dies intestate and has a spouse and two children, the spouse inherits the first $50,000 of the estate plus half of the balance. The children inherit everything else. See: Intestacy: When There is No Will.

It does not matter that the deceased has been married for only two years to her current spouse.

So, all of the deceased assets will have to be assessed, and then it is distributed according to the above. A condo cannot be split. So, in this instance, a court may have to order that the condo be sold, and the proceeds distributed accordingly.

Thomas

Thomas Swartz
Category: Family Law
Satisfied Customers: 3,238
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified
Thomas Swartz and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
THE HUSBAND IS NOT BOAF APPROVED. HE WANTS TO REMAIN LIVING THERE. HE DOES NOT HAVE THE FINANCES TO BUY THE CHILDREN OUT. IN OTHER WORDS , IS HE FORCED TO SELL THE COOP SO THAT THE CHILDREN GET THEIR SHARE?
Customer reply replied 1 month ago
HE IS EXTREMELY LAZY AND LAX. HOW LONG DOES HE LEGALLY HAVE BEFORE HE SELLS THE APARTMENT. MY GRANDSON STARTS COLLEGE SEPT. 2019. HOW MUCH FUNDS WE HAVE WILL DETERMINE WHAT COLLEGE HE WILL APPLY FOR. HIS ENTRANCE EXAMS WILL BE IN THE FALL OF 2018 AND HE MUST SUBMIT AT THIS TIME THE NAME OF THE COLLEGES HE WOULD LIKE TO ATTEND AND THAT ARE AFFORDABLE. ANOTHER FACT OF INTEREST IS THAT I BOUGHT THIS COOP APARTMENT FOR MY DAUGHTER IN JAN. 2006. I DID NOT BUY THIS FOR HUSBAND AND WIFE.
Customer reply replied 1 month ago
DID YOU RECEIVE MY LAST QUESTION?

It would be the administrator of the estate's responsibility to sell the coop, and divide the proceeds so that the children get their share. How long this takes, I can't say. The estate has to go through the probate process and that could take months. If the surviving spouse does not initiate the probate process, one of the son's could start the probate process and apply to be the administrator of the estate.

Thomas

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Customer reply replied 1 month ago
AGAIN, I BOUGHT THIS COOP FOR MY DAUGHTER IN JAN. 2006. THEY WERE MARRIED SEPT. 2016. MY DAUGHTER NEVER PUT ANYBODY ON THE STOCK CERTICATE OTHER THAN HERSELF. HE IS NOT BOARD APPROVED AND HAS NEVER EVER PAID THE MAINTENANCE THERE. IF I HAVE EVERTHING ASSESSED THEN IT BECOMES AN ESTATE. I AM NOT INTERESTED IN HER FURNISHING WHICH I BOUGHT, HER FINE CHINA WHICH I BOUGHT, OR HER FINE SILVERWARE WHICH I BOUGHT, OR A NUMBER OF OTHER THINGS I BOUGHT . THERE REALLY ISN'T ANYTHING ELSE OF VALUE THERE. IF THE ESTATE GOES INTO PROBATE, THIS COULD TAKE YEARS. SHE WAS HIS MEAL TICKET. I PAID FOR THE ENTIRE FUNERAL AND INTERMENT. THE CASKET FLOWERS FROM HIM HE HAD THE NERVE TO PUT ON MY TAB. I WANT TO KNOW EXACTLY WHAT THE CHILDRENS RIGHTS ARE AND HOW I CAN HELP THEIR LEGAL GUARDIANS. I AM A WIDOW . I LIVE ON SOCIAL SECURITY AND A SMALL PENSION. I WANT THESE KIDS TO HAVE A GOOD START IN LIFE.

Your daughter may have other assets, such as financial accounts, which would also become part of her estate. All of her assets would have to be valued and then divided as per the schedule I mentioned above through the probate process. The Children do have the right to commence the probate proceedings and be appointed as the administrator of the estate.

Thomas

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Customer reply replied 1 month ago
THE CHILDREN ARE 16.5 YREARS OLD AND 13 YEARS OLD. I HARDLY THINK THAT LEGALLY THEY CAN START THE PROBATE PROCESS. DO I HAVE ANY RIGHTS SINCE I PAID FOR THE COOP AND SO MANY OTHER THINGS. DO BANK AND CHECKING ACCOUNTS COUNT AS FINANCIAL ASSESSTS. ALSO HE HAS A SEPARATE BANK ACCOUNT WITH A SUBSTANTIAL SUM IN IT. SINCE HE IS PRIVY TO HER ACCOUNTS, ARE HIS ACCOUNTS ALSO INCLUDED IN THE PROBATE VALUE OF THE ESTATE.

Yes, bank and checking accounts count as financial assets. If these are in your daughter's name alone, they would go into her estate. If they are joint accounts with the husband, with rights of survivorship, they would not be part of the estate. They would pass directly to the husband.

His separate accounts would not be part of the estate.

Yes, since the children are minors they would not be able to commence the probate proceedings. As the mother, you could also start the probate proceedings.

It does not matter that you paid for the coop. What matters is who owned the shares of the coop, and as I understand from what you wrote before, the coop shares were solely in your daughter's name.

Thomas

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Customer reply replied 1 month ago
LAST QUESTION. I KNOW I CAN GO TO THE BRONX COURT HOUSE AND FILL OUT AN APPLICATION TO BE THE ESTATE ADMINISTRATOR. I WILL BE REQUIRED TO SUBMIT A LIST OF PERSONS I THINK MAY CONTEST MY APPOINTMENT. I DON'T REALLY THINK MY DAUGHTERS HUSBAND WILL CONTEST MY APPLICATION. AM I REQUIRED BY LAW TO SUBMIT HIS NAME. IF HE IS NOTIFIED, HE MIGHT CHANGE HIS MIND AND CONTEST IT. HE IS REALLY DUMB AND LAZY. SO FAR HE HASN'T EVEN NOTIFIED THE BANK OR ANYBODY ELSE ABOUT MY DAUGHTERS DEATH. SHE PASSED AWAY 18 DAYS AGO.

Yes, you are required to notify the husband of your application. He is entitled to notice by law, and if notice is not given, that may jeopardize your application to become administrator. So, it would be very wise to give him notice of the probate proceedings. If he is as you describe, it is unlikely that he will take the time or effort contest the proceedings or your appointment as administrator.

Thomas

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Thomas Swartz
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Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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