Legal Question in Civil Litigation in New York
Am I intitaled to get what was my fathers
Grandmother died and possibly no will. She had 3 sons but one died before she did. Does his children get what was supose to go to him. Will or no will?
2 Answers from Attorneys
Re: Am I intitaled to get what was my fathers
Yes, the children would inherit their father's share.
Mike.
Re: Am I intitaled to get what was my fathers
In New York, when a person dies without a will, it is known as intestate succession. Article 4 of the New York Code covers these rules:
http://caselaw.lp.findlaw.com/nycodes/SLEPT0A4P1.html
Under �4-1.1, the rule for distribution of children for a person who dies without a known will is done by representation (per stirpes).
If the grandmother died with 2 living children and 1 deceased child with issues, the distribution goes to the grandchildren by representation of the deceased son. Simply put, each of the 3 sons have a 1/3 share of the estate, 2/3 will go to the living sons, and the remainder 1/3 is divided equally among the grandchildren of the deceased son.
If you would like to calculate the value of the inheritance yourself, this is a handy tool:
http://www.mystatewill.com/statutes/ny_law.htm