Legal Question in Wills and Trusts in New York
in 1990 an uncle died who had no children an another uncle was the administrator of the will. there was no reading of the will but the adminitrating uncle wrote a check for a small amount for two nieces. that uncle had two sons. 1st question, was that proper and 2nd, is it too late to do anything about it?
1 Answer from Attorneys
More facts are necessary. How many siblings, living or deceased did the uncle have when he died? Were his parents living? Was he married and was his wife alive? The traditional intestacy laws (administration if there is no Will) provides a hierarchy for how ones estate is distributed when you die without leaving a Will. First, is spouse and children. If none, next is parents, and then siblings. If a sibling predeceased, his/her share goes to his/her children. You do not explain (A) your relationship - presumed to a nephew - (B) if your parent was a sibling and if survived or not, and/or (C) how were the neices covered (were they children of a deceased sibling)? When all information is provided, a more complete response can be provided.
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