Legal Question in Wills and Trusts in New York

My aunt died and in her will she said all property was to be split equally between my dad, and her 2 sisters. My dad is deceased to. (predeceased my aunt) and it says in the will to be spilt up equally per capita. does that mean the next of kin to my deceased father receive an inheritance?


Asked on 11/17/09, 8:55 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Generally, and without reading the exact language, per capita means equally among the decedents. In other words, you would receive on behalf of your dad. Therefore, per capita, you would receive 1/3, aunt A would receive 1/3 and aunt B would receive 1/3. If your father had 2 sons, you would received 1/4, your brother would receive 1/4, aunt A would receive 1/4 and aunt B would receive 1/4.

Mike.

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Answered on 11/22/09, 1:31 pm


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