Legal Question in Wills and Trusts in New York

Under the facts you have set forth it sounds as if your nephew is entitled to his mother's share. You could fight but I don't think that you would win.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I agree with Arnolod that since your sister survived, but died before she received her inheritance, that her son inherits thriugh her and is entitled to what she would have gotten. You have not provided values for anything, so it is possible the remaining house sale proceeds might cover what he is entitled to receive, including your surviving sister's share of the estate. You cannot use what your living sister agreed to as a basis of disinheriting a legitimate heir. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship..