Legal Question in Elder Law in New York

''Per Stirpes''

This inquiry regards NYS per stirpes law. An Aunt dies with no direct heirs. Only remaining heirs are one child of her brother and two children of her sister. According to laws of distribution in New York State, what is the percentage distribution for the three heirs?


Asked on 6/15/01, 2:48 pm

1 Answer from Attorneys

Re: ''Per Stirpes''

By rights of representation is the new phrase

The single child gets 50% The two children of the

sister share equally the other 50%, or 25 % a piece

This is a distinction from per capita where all

three would get 1/3 a piece

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Answered on 6/28/01, 9:58 pm


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