Legal Question in Wills and Trusts in New York

Inheritance

My brother passed away in September 2005. He did not have a will and he did not have any children. He is survived by his mother and two sisters. He has a cancer insurance policy through AFLAC worth about $40,000 and he has a savings account roughly valued at $20,000. How should his estate be divided. Is my mother the sole heir or do my sister and myself get a portion of this?


Asked on 8/31/06, 9:37 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Inheritance

Traditional intestacy (dying without a Will) follows the family tree. Since there is no spouse or children, your mother is next in line, then the sisters. This would also cover the insurance policy unless it has a named beneficiary. Your mother should apply with the Surrogate to become the Administrator of his estate, and, once appointed, can get all information and then proceed to liquidate the bank account and apply for the insurance.

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Answered on 8/31/06, 12:50 pm


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