Legal Question in Wills and Trusts in Trinidad and Tobago
I am from Trinidad and Tobago and my mother died intestate in 2012 she had three children, one of which died 22 years ago. The deceased sibling has four children. Based on the rules of intestacy how would the estate be distributed? Are my deceased sister's children entitled to what would be her portion of the estate? Would something called Trite Law take precedence over the act?
1 Answer from Attorneys
Was you mom legally married and is her legally married spouse (your dad I presume) alive?
The legal surviving spouse has a right to apply for and obtain Letters of Administration. The estate will be divided one half to the surviving spouse and the other half equally amongst the children. If no surviving spouse then equally amongst the children. Since your brother pre-deceased (died before your mom) he (his estate) is not entitled to any share in your mom's estate as such his children are NOT entitled to any part of the estate of your mom.
You are entitled to one half of the estate of your mom and your other sibling the other half.
Anand Seepersad 786-3240
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