Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Deborah Wolf Miller
1 Answer | Asked in Probate for New York on
Q: Nys if my grandmother had no will and 1 surviving child and 1 predeceased child (,my mother) who inherits everything?

My grandmother had 2 children, my mother and my aunt. My mother died ten years ago and my grandmother died recently leaving behind no will. Does my aunt automatically inherit everything or do my sister and I have rights to my mother's share?

Deborah Wolf Miller
Deborah Wolf Miller
answered on Apr 11, 2019

Your mother's children have the rights your mother would have had, according to NY EPTL 4-1.1(a)(3), as long as your grandmother had no surviving spouse. Your aunt does not automatically inherit everything.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.