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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 115447
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Probate/estate lawyer

Customer Question

probate/estate lawyer
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

According to NY EPTL 4-1.1 Descent and distribution of a decedent's estate

The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows:

(a) If a decedent is survived by:

(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.
(2) A spouse and no issue, the whole to the spouse.
(3) Issue and no spouse, the whole to the issue, by representation.
(4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents.
(5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation
.

Thus, under NY law, as long as your mom is alive she is the lawful heir and not the siblings. However, if she has dementia, then this is basis for her children to be named administrators and you can have co-administrators of the estate, but she is the heir.

Customer: replied 1 year ago.
I understand that the law is that the other 3 siblings even though they passed away their equal 25% portion each will go to their children. And the other 25% to my mother who is still alive sibling. This is the first time I am hearing that my mom inherits everything?
Also, Do we as her children have more right to be administrators then to our cousins who have been handling his affairs before our uncle passed away.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I copied and pasted the law to you above, so that is what the law is, I took it right from the NY EPTL law and pasted it above.

You as her children have the same rights under the laws to be administrators and you can apply to the Surrogate Court in NY to object to them being administrators and ask them to name you and your brother as co-administrators.