Q: No Will. uncle died in New York. No kids. His spouse, Ben, passed. He has a niece and nephew. Who has claim to his asset
His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank accounts. She's fighting with her brother over assets.
A: This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died first, his brother's estate would be disposed of in another way. You need someone to sit down with you and a copy of the brother's will and get all the facts and information on relatives.
A: First, this is not a family law question. It is an estates question. Second, having said that, if there is no will the estate passes by intestate succession. Depending on his surviving relatives, the law decides who gets everything based on how they are related. Spouse would come first, the children, then parents, then siblings, etc. (NY EST POW & TRST § 4-1.1). Consult with an attorney to get more specifics.
A: I am not getting the family tree. Is it your uncle with the niece and nephew or Ben?
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