If my brother passed away without a Will but was with is girlfriend for 10 years, who is entitled to his estate?

Asked on August 5, 2015 under Estate Planning, New York

Answers:

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

Answered 5 years ago | Contributor

When someone dies "intestate" (i.e. without a Will), their estate is disrtibuted according to the intestatcy laws of the stae in which there were domiciled as of the date of their death. Typically, that is 1/2-1/3 to the surviving spouse, if any and the remainder to the children of the deceased. If they had no children, then the estate goes to the next level of kinship which is siblings.

In your situation, since there is no surviving spouse, yourbrother's estate will be disrtibuted to you and your siblings, if any. Your late brother's girlfriend has no rights since she is not a legal heir.

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

Answered 5 years ago | Contributor

When someone dies "intestate" (i.e. without a Will), their estate is disrtibuted according to the intestatcy laws of the stae in which there were domiciled as of the date of their death. Typically, that is 1/2-1/3 to the surviving spouse, if any and the remainder to the children of the deceased. If they had no children, then the estate goes to the next level of kinship which is siblings.

In your situation, since there is no surviving spouse, yourbrother's estate will be disrtibuted to you and your siblings, if any. Your late brother's girlfriend has no rights since she is not a legal heir.


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