Webster, NY Estate Planning Law Firms & Lawyers

You may have to probate your father's estate. If he owned it as joint tenancy with right of survivorship, you get nothing. If he owned it as a co-tenant, you can get at least 1/3 for the children, maybe more, depending on your grandmother's will. You may discuss this more with me by emailing me.

Assuming you have little or no assets, and did not acquire any community property during the current marriage, your children of a prior marriage would be entitle to receive everything unless you have jointly owned assets of any kind held with your present wife, in which case she would survive to those assets. You could draw up a will or have one prepared to accomplish your objective.

The Will governs the distribution of the estate; there are a couple of things you can do. 1. Accept the estate and give your sisters their share but this may have tax consequences. Consult with an attorney. 2. You sisters can file a friendly challenge to the probate and you can all stipulate to a settlement, which has the advantage of being an estate distribution, not a gift from you to your sisters. More time and expense in the probate, lower likelihood of adverse tax situation.