Legal Question in Wills and Trusts in New York
inhertiance
my aunt passed & left no will. she had no children& her husband died 40 years ago my mother is the only living sister the other two sister died 25 years ago. does she have to split the estate with nices & nephews from her sisters children
2 Answers from Attorneys
Re: inhertiance
Yes. Each niece/nephew would equally share in their mother's inheritance.
Since there were 3 sisters besides the decedent, your mother would inherit one-third of the estate and the children of the other two sisters would share their mtoher's one-third inheritance.
Re: inhertiance
This still sounds unclear, but: if there are no living parents of your mother and her sisters, the estate will be split into three shares. Each sister's children will divide one share among them. Your mother will receive the third share. So, the quick answer is that your mother gets 1/3. That means "yes, she will have to split the estate."
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