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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

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

Answered 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption