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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.

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