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Need advise quick please

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What is the name of your state (only U.S. law)? NY

What can be done here to protect assets? My grandfather is in the hospital, and things are looking grim. After talking to my family about various things, I found out that he has no will, and refused to have a POA. His wife (my grandmother, if that's what you insist she be called) left him 12 years ago and moved across the country to AZ (they never got a divorce). She's had nothing to do with him or his care, and rarely speaks to any of the other family members that live in NY. But once she found out he was in the hospital, she made a 2 1/2 day drive, visited him in the hospital, and drove another 2 1/2 days back to AZ.

If and when something does happen to him:
*Does she have any claim to any of the estate? Like I said, she's been gone for 12 years.
*Is there a time limit to which she would be considered to have abandoned him?
*He's made his wishes known to his health care proxy (his youngest daughter who's been taking care of him for years). But nothing's in writing, and he's still "married"

Please help....soon

Let me make it clear that I do not want or need anything from the estate. But they had 11 children together. Only 10 are alive today. I would like to think that the ones who did not abandone him would split the estate. But I need some input here
 
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ShyCat

Senior Member
If they are not divorced, he is still married and she is still his wife. Marriages are not invalidated automatically based on number of years living apart, not sending birthday cards, whatever. Since he does not have a will, his estate will be distributed based on the state's intestate laws and his wife will inherit a spouse's portion. You can google for NY's intestate laws.
 
Anybody else have any suggestions here? Possibly a law code? Anything! There's got to be SOME sort of repercussion for abandoning your family...
 

Ohiogal

Queen Bee
Anybody else have any suggestions here? Possibly a law code? Anything! There's got to be SOME sort of repercussion for abandoning your family...

He should have written a will (even then she could have taken against the will her intestate share) so he should have divorced her.
 
Thank you for the responses. I guess we can only hope she realizes she doesn't DESERVE all she's getting, and leaves it for those who took care of him through his worst years. But thanks again.
 
Get him an Attorney a.s.a.p., get a divorce and a will. Otherwise, be prepared to watch her walk away with everything you think she doesn't deserve.
 
He was in and out of the hospital for the past couple weeks. He passed away 6/29. We also didn't realize he had no will until VERY recently... Thanks though.
 

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