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Asked 9/10/2011

My husband died and left everything to me in his will (NYstate).Now his2 adult children want money, as they claim that dad said he would provide for us.

His son had not spoken to him in ten years and his daughter told him to keep away 5 yrs ago. She is under ssi and gets medicare and food stamps..and his son & daug. just started talking to him 1 month before he died thru intervention by OUR daughter. No children were mentioned in will. He wanted all to go to me as he knew I would need it for my life. Today I got a letter stating that husband had told people that he would "provide" for his 2 kids..
Son is 38 and now going back to college to get a degree and I should pay? Can they get money?

 
 
 
 
Answers

Answer 1/6 - Submitted 9/10/2011

No. They are not dependents and they are not mentioned in his will. They are his offspring but at 38 I doubt under anyone's imagination they can be called kids.

My father died when I was 20. He left two dependent children, and as the older sister all I was concerned about was if my Step mother could manage and if she needed any help.

I would not worry about these fools what so ever. People like this are poisoned and usually fueled by people with a vendetta against you.

Your husband has no legal obligation at their age and I certainly would not adhere to their wishes if they treated him that way.

 
 

Answer 2/6 - Submitted 9/10/2011

Your husband was smart; he left a will. Had he not done so, his children would have been entitled to part of the estate. Since he did, you're pretty safe. They could contest the will, but it's doubtful they will and it's doubtful they'd win if they did.

You're under no obligation to give anything to anyone. Since your husband went to the effort of making a will, if he'd wanted his kids to get something, it would have been in the will. If someone out and out asks you for money, tell them no, you're going to honor your husband's wishes as set forth in his will. After all, that's the only record of his intentions you have.

 
 

Answer 3/6 - Submitted 9/10/2011

A wife has paramount position in her husband's estate. He does not have to leave anything to his children.

It's up to you whether you want to make gifts to his children to help with college or anything else.

Legally, he had the right to leave everything to you.

 
 

Answer 4/6 - Submitted 9/11/2011

I am sorry for the loss of your husband. There is probably more to the story of your husband's willingness to provide to his children. I would guess the part that the step children left out had to do with he would provide "if" he had a relationship with them.
Legally his responsiblity was in taking care of his wife, not his grown children. Trying to fight a will is a very expensive thing. It doesn't sound as if either one of his children have the means.

 
 

Answer 5/6 - Submitted 9/11/2011

I agree that he has the right to leave his wife everything. Did he name his children and state that his two children were to get nothing in his will? If he simply stated you were to get it all, without mentioning his children at all, they could contest the will beleiving there was simply an omission or oversight of the children when the will was drafted. He would have been wise to name them and leave them a dollar or stating outright that they were disinherited and were to receive nothing. By not naming them at all, they have a right to argue that he forgot about his kids.

You'll want a lawyer to go over the will and your state's laws to see if it might be wise to offer them a token in settlement, otherwise, the legal bills fighting their claims could grow to eat away at the estate.

Good luck.

 
 

Answer 6/6 - Submitted 11/18/2011

In NY State (an equitable distribution state) UNLESS otherwise specified and filed with the courts, an entire estate is left to the surviving spouse, by law. The only rights anyone else has (including children) are listed benefactors to insurances, for instance and/or if a last will and testament exists that BOTH spouses are aware of and have agreed to and signed. Put simply: In your particular case, your late husband's ADULT children are entitled to NOTHING, based solely on something your late husband may or may not have stated at any givne time in his life. In NY, if it is not down in writing, signed, notarized and filed with the Court system......it is NOT an issue. Pretty simple, cut and dry. You needn't respond to any questions, or any type of communication whatsoever. Ignore these people. Eventually they will give up their attempt at getting a piece of a pie that is not meant for them.

 
 
 
 
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