Legal Question in Wills and Trusts in New York

Estate question: My Aunt died last Spring. She lived on L.I., NY. My Aunt has no living siblings. My brother and myself were her niece and nephew, my father, her brother is no longer living. My cousin, who is also her niece, her mom and sister to my aunt is also deceased. Does my Aunt's Estate get divided into 3 equal parts among us, or does my cousin get 50% and my brother and I get the other half, 25% each????


Asked on 2/08/12, 5:06 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

The estate is divided by bloodline. Your bloodline is through your father. Therefore, based on your question, if alive your father would take 50%. Therefore, you are entitled to 25% each. Your cousin's bloodline is through her mother. If her mother was alive, she would take 50%. Since your cousin has no brothers or sisters, she takes 50%.

Mike.

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Answered on 2/09/12, 5:19 am


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