What Rights Does the Eldest Child Have When an Unmarried Mother Dies in New York State?

Question from J, What Rights Does the Eldest Child Have When an Unmarried Mother Dies in New York State?

Answer from AI:

When a person dies without a will, they are said to have died “intestate”. In New York State, the laws of intestate succession apply. These laws dictate how the deceased’s assets are distributed among surviving relatives.

Intestate Succession in New York

According to the New York Estates, Powers and Trusts Law (EPTL) Section 4-1.1, if a person dies leaving children but no spouse, the children inherit everything. This includes the eldest child. However, it’s important to note that the law does not give preference to the eldest child. Instead, the estate is divided equally among all surviving children.

Steps to Take

If your mother died without a will, here are some general steps you might take:

1. Confirm whether your mother left a will. If she did, the will should dictate how her assets are distributed.
2. If there is no will, you may need to petition the Surrogate’s Court in the county where your mother lived at the time of her death to be appointed as the administrator of her estate.
3. Once appointed, you will be responsible for gathering your mother’s assets, paying any debts or taxes, and then distributing the remaining assets according to New York’s intestate succession laws.

When to Seek Legal Advice

While this information provides a general overview, estate laws can be complex and there may be other factors to consider. For example, if your mother had significant debts, if there is disagreement among the siblings, or if there are other potential heirs, you may need legal advice.

It’s recommended that you consult with a legal professional who can provide personalized advice based on your specific circumstances. Legal aid organizations in New York, such as the LawHelpNY, may be able to provide assistance or refer you to a lawyer who can help.

Remember, this information is intended to provide a general understanding of the law. It’s not a substitute for legal advice from a qualified attorney.