If my mother has a Will and Trust set up so that everything is to be equally split between my brother and I but his son is moving in with her, will he have any rights to her assets?

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If my mother has a Will and Trust set up so that everything is to be equally split between my brother and I but his son is moving in with her, will he have any rights to her assets?

Asked on January 3, 2015 under Estate Planning, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The provisions of your mother's Will and Trust are controlling.  Therefore, your nephew has no claim to your mother's assets during your brother's lifetime.  If your brother did not survive to inherit half your mother's assets, his son would then have a claim to inherit his father's share.  If your nephew has other siblings, their father's share would be divided equally among them.


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