Legal Question in Wills and Trusts in New York

can my step sister get equal shares in my uncles estate?


Asked on 10/18/11, 4:26 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

More information is needed. Did he die without a will? Are you entitled to inherit under New York's intestate laws? Did your parent adopt the stepsister, etc., etc.

If you uncle died with a will and specifically left her a share of the estate by name, she would be entitled to inherit. If he just left a share to "nieces" she would not be entitled to a share unless he defined nieces broadly in his will to include step nieces.

There are other questions that come to mind when answering your question. If you want a general rule that is subject to exception, the general rule is step sisters are not in the blood line or adopted line of a family. Therefore, under intestate laws, they are not entitled to inherit. In wills, they have to be specifically name or designated as step-x.

Licensed and Practicing in New York.

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Answered on 10/18/11, 10:21 pm


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