Legal Question in Wills and Trusts in New York
Are the children entitled to their father's part of an inherited property? The grandparents left no will and the children's father passed but has a brother who is needs to sell the property.
Asked on 4/28/14, 12:20 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Only if the father died after his parent.
Answered on 4/28/14, 12:29 pm
John O'Donnell
Attorney at Law
In New York, when someone dies without a Will ('The Decedent") and the Decedent has children but no spouse, the children share the Decedent's assets equally. If any of the children are deceased, their children would receive the parent's share. The court proceedings would be somewhat different depending on whether the children died before or after the Decedent.
Answered on 4/28/14, 12:42 pm
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