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

UPDATED: Jan 7, 2012

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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


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

Answered 10 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. 

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 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.

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