Must I divide money inherited from a relative an aubt with the wife of my deceased brother?

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Must I divide money inherited from a relative an aubt with the wife of my deceased brother?

My (deceased) father’s sister died several years ago without a Will. Her surviving sibling sold her house and is dividing the proceeds with surviving family members. My parents and my only sibling are deceased. Is my deceased brother’s wife (they had no children) entitled to my brother’s share of the proceeds?

Asked on January 7, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your Aunt died without a Will that is known as dying "intestate" and the intestacy laws in your state will apply.  Generally speaking, if your brother died before your Aunt then his estate may have inherited that potion of your Aunt's estate that would have gne to him.  And if his estate inherited that portion then his wife would inherit it a the sole beneficiary.  But it really depends on how the intestacy laws in your state are written.  It is really best for you to speak with ana ttorney in your area on the matter.  Good luck. 


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