Asked in Family Law and Probate for New York

Q: 97 yo aunt - no kids, sibblings, no will. 19 nieces/nephews -16 had no relationship with her. Can they be excluded?

There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of $92000?

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3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If she is still alive have her do a will. If she is dead then no.

Bonnie Lawston and Peter J. Weinman agree with this answer

Gary Krim
Gary Krim
Answered
  • Probate Lawyer
  • White Plains, NY
  • Licensed in New York

A: If your aunt has no Will and wants to make one, it is up to her to decide how where her estate should go, free of any undue influence which might jeopardize the validity of the Will. This assumes she is competent to make a Will. If she is not competent to make Will, or has already passed, then all 19 of the nieces and nephews would be treated equally.

Peter J. Weinman and Bonnie Lawston agree with this answer

Bonnie Lawston
PREMIUM
Bonnie Lawston
Answered
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: No you cannot. If they are related, as you are, you all will share equally per class.

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