Legal Question in Wills and Trusts in New York

Re: inheritenceaunt died two years ago leaving money to mother

Your Aunt's "funds" are now part of your Mother's estate. Since your Mother died without a will, the Estate is divided according to NY law of intestate. You said your father was living with your Mother BUT you do not say whether they were married. If they were still married then he gets the first $50,000, plus one-half of the remaining property in the estate. You and your brother split anything remaining 50/50.

If they were NOT married, he gets nothing from estate and the children split 50/50.

Re: inheritenceaunt died two years ago leaving money to mother

It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your legal problem.

However, I will try to provide you with an overview of the law based on the limited facts that you presented.

If your aunt's will is declared valid, then her property would pass according to its provisions, i.e. to your mother.

Because your mother has passed away, after your aunt, all property that she would have received will pass to her estate.

Since your mother did not have a will, all of her property will pass to her heirs pursuant to law--known as intestate succession.

Pursuant to the intestate succession rules, your mother's property will pass to her spouse and her children. Assuming that you mother and father were married, your father is entitled to $50,000 plus one-half of your mother's property. You and your siblings are entitled to the remaining property.

I hope that this has been helpful.

Re: inheritenceaunt died two years ago leaving money to mother

Dear sir or madam:

You, your father, and your brother should take action to administer your mother's estate, which should receive the distribution from your aunt's estate.

You may contact my office at [email protected] for a free 30 minute consultation.

Very truly yours,

Anthony S. Park

Re: inheritenceaunt died two years ago leaving money to mother

Date of probate is irrelevant. Since Mom survived her sister, her estate takes unless the Will of her sister directs otherwise. Mom died intestate (without a Will). Depending on the amount she is entitled to, the inheritance laws on intestacy of her state of residence control, which may mean your Dad and/or all 3 of you, unless your Dad renounces his interest to the children. More information is needed to give you a better answer.

Re: inheritenceaunt died two years ago leaving money to mother

My condolences on your loss.

Your question is not difficult. Your Aunt's assets go to your mother, since your mother survived your Aunt (even if only by a short time). The arrangements made by your mother will determine how that is allocated.

Since your mother did not leave instructions, the specific allocation is determined by the laws of the state where your mother had her residence. The proper state is easy if she only lived in one state, but if she had a residence in more than one, then an attorney can help you.

In NY, you, your brother, and your father will share the estate (50/25/25).

You are welcome to a consultation for no fee.