Legal Question in Wills and Trusts in New York

Re: Mother Passed and no will

I totally agree with Mike and Warren on all scores. We no longer live in feudal times when the eldest child inherited everything. Intestacy laws (law that cover estate distribution when there is no Will) treat all siblings equally, regardless of family position (first born to last born). I recommend retaining your own attorney to assist you and do not let your brother or his attorney rob you of your rightful inheritance! By the way, you are also equally entitled to be appointed Administrator of Mom's estate, since only children have survived her.

Re: Mother Passed and no will

Just because your mom passed away does not mean that the litigation for the car accident ends. Your mom's estate takes over litigation. You would have to file an administration proceeding in Surrogate's Court. Letters of Administration would be granted and the administrator of the estate would continue litigation.

In terms of distribution, you are correct. The oldest sibling does not inherit everything. If there are only 2 children left from your mom and dad the estate would be equally divided.

Mike.

Re: Mother Passed and no will

To borrow a comment from your question, for starters the litigation involving your Moms car accident doesn't end. The executor of the estate, after proper assignment would take it over on behalf of your mothers estate.

As for the distribution of assets without a will. Under NYS Law, specifically the laws of intestacy as stated in the EPTL, the estate would be distributed in equal shares amongst the surviving issue. Hence you and your brother would be splitting things.

I would suggest that you get an attorney to represent your interests.