Tampa, FL asked in Estate Planning and Family Law for New York

Q: My aunt passed away and set her will to pass with per stirpes rules.

One of her brothers predeceased her and since he was listed, his portion went to his son, my cousin.

My mother died after my aunt but before the estate was distributed.

The lawyer reached out to me 9 months ago to say that my sister and I would split mom's share. But calls today and says since mom was married, her portion will most likely go to her surviving spouse, not her children.

With all this conflicting information, I just need some clarity. This is in NY if it makes a difference.

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1 Lawyer Answer
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: Have a free telephone consultation with counsel.


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