Legal Question in Wills and Trusts in New York

Remaining Family Members

My father was one of nine children. Only two are surviving. Recently, the family discovered some old money that was due my father's mother.

My question relates to the disbursement of that money. Are the only two remaining children entitled to the money or must the funds be disbursed to the nine families even if the seven other siblings are not alive?

Thaks


Asked on 5/27/03, 9:14 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Remaining Family Members

If all children survived the mother, all families participate even if some predeceased the distribution date. This does not include spouses of deceased children, only their children, grandchildren, etc. If any sibling died without children (so no surviving children), lesser number of shares are used. If a family line no longer exists, lesser number of shares are used.

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Answered on 5/27/03, 10:31 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Remaining Family Members

In NY, the estate is divided into 9 parts. one part for each child. that part goes to the child or the descendents of the child on the parent's passing. You are welcome to a consultation at no fee at my offices at 42 west 44 st, ny,ny. please call for an appointment first - 646-591-5786.

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Answered on 5/27/03, 10:54 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Remaining Family Members

Depends on whether she had a will or not. If not, money goes to her children OR her children's estae, in equal shares.

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Answered on 5/27/03, 8:55 pm


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