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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6855
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Esq If Pete died intestate. It is my understanding that when

Customer Question

For Christopher B, Esq
If Pete died intestate.
It is my understanding that when a person dies intestate, that person's property is distributed according to the law. In New York, that law is found in (EPTL 4-1.1).
Who gets what depends on who the living relatives are and their relationship to the Decedent, the person who died. The family members who are entitled to a share of the Decedent's estate when there is no will are called "distributees".
In the simplest terms:
If the Decedent (Pete) had... (brothers or sisters) at the time of his death, but no spouse, children, or parents then the siblings of Pete inherit everything?
Would Nieces and Nephews of Pete (children of the decedent’s brother and sisters) be distributees of the decedent (Pete) only if their parent (a sibling of the decedent) died before the Decedent (Pete) died?
Would Living Brothers and Sisters of the Decedent will be distributees?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Would Nieces and Nephews of Pete (children of the decedent’s brother and sisters) be distributees of the decedent (Pete) only if their parent (a sibling of the decedent) died before the Decedent (Pete) died?

Those children commonly take their deceased parent's share by representation. So the Answer to your question is "Yes". See NY Code 1-2.16 http://codes.lp.findlaw.com/nycode/EPT/1/2/1-2.16

Customer: replied 1 year ago.

See the above

This was a two part Question!

Would Living Brothers and Sisters of the Decedent will be distributees?

Read more: http://www.justanswer.com/estate-law/99hvy-esq-if-pete-died-intestate-it.html?rpt=101##ixzz3jOIwGaQP

Expert:  Irwin Law replied 1 year ago.

Your entire your question was about intestate succession. If the second part is the single sentence that you quoted, "Would Living Brothers and Sisters of the Decedent will be distributees?" What you are asking, is not clear. Please provide more details about what you are trying to ascertain. Thank you.

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