If sibilings are the only inheritors, do childern of the deceased sibiling inhert their deceased mom’s share?

A deceased friend without a Will had no spouse, no child, no living parents, 1 living brother and nephews of a deceased sister who she died 4 years earlier. According to state law, is the living brother the only heir or do the nephews inherit their deceased mother’s part?

Asked on May 29, 2016 under Estate Planning, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone dies "intestate" (i.e. without a Will), the laws of the state in which they were domiciled at their death will control. Typically, in such a case, state intestacy laws stipulate that the deceased "heirs" will share the property. In this case, the heirs would be the deceased's siblings. Therefore, even if a sister died, her children would equally share in her 1/2 of the estate; the surviving brother would be entitled to the other half.

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