If my aunt died recently without a Will and my mom passed away before her, am I entitled to a share in my aunt’s estate?

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If my aunt died recently without a Will and my mom passed away before her, am I entitled to a share in my aunt’s estate?

My aunt is divorced with no kids. She died without any Will. I would like to know if my brother and I are entitled to a share of her real estate property and other properties? My uncle, one of my deceased aunt’s siblings went to take care of the funeral in the US since all of us are staying in the Philippines. In the process, he was able to sell her car which we just found out about. We are all in doubt if he can also just get all the other assets left by my aunt to himself. My deceased aunt has 4 other living siblings.

Asked on January 19, 2012 under Estate Planning, New York

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Depends on your state law. If your state law on intestate succession is per capita system then the assets would be divided among all the remaining siblings. If it is a per stirpes system, then you and your brother will each take half of what your mother would have taken.


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