If my mother recently passed away with no Will and she is predeceased by one son, can we keep his estranged children from herestate?

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If my mother recently passed away with no Will and she is predeceased by one son, can we keep his estranged children from herestate?

Surrogate court said my brother’s kids have to be included in the petition to probate court as distributaries. Is there any way to legally exclude them from my mother’s estate? What will happen if we lie about him having kids?

Asked on March 8, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

The Court is merely explaining to you the law in New York, which states that heirs take "by representation" meaning that your brother's share of the estate will go to his children.  You can not keep them from the estate and if you lie and they appear the executor can get in to a lot of trouble. They are entitled to what their father would have gotten.  


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