Legal Question in Wills and Trusts in New York

Single parent dies and leaves one son. This is my sister's son and she obtained guardianship papers from the Court. He is next of Kin. Is it okay to have guardianship from the Court for distribution for son. She has set up an account for him. We were told that anything from the estate goes to the sibling first?


Asked on 7/06/10, 8:48 am

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

This is accurate. If a single parent dies without a Will (intestate) all of their estate goes first to children, and only if there are none does anyone else inherit. If the child is a minor, funds for the child go to the minor's guardian, for the benefit of the minor. Usually the funds are physically held by the Surrogate until the child becomes an adult.

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Answered on 7/08/10, 10:26 am


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