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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38219
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Question.. an uncle passes away and had been taken care of

Customer Question

Question.. an uncle passes away and had been taken care of by his surviving sisters, neices and Nephews most of his life..his own children never majoritively played a part in his life nor looked for him throughout his last 35 + years..
Suddenly he dies wrongfully at the hands of a caregiver...1 child that lived here knew of his whereabouts but did not visit much...however
He also had two other children that a relative found there location and notified them of his death..Funeral expenses were taken care of by Nieces Nephews and his sisters...as a result a lawsuit was introduced on his behalf for wrongful death
by his surviving sisters ..(he left no will). The lawsuit was commenced with the one child permitting one aunt as the administrator and would not want to deal with the matter otherwise...the other two children residing in another country whom were not notified of the suit because of time restraints and were going to be notified of the matter at later date were told by the brother child from here in the states..and have taken interest on the matter... According to NY statutes although the uncle left no will and should all entitlements only be for the siblings only according to NY inheritance statutes...
will the sisters be suddenly left out or could they be left out...Family uprising brewing...
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the suit is filed on behalf of the estate, then only the heirs at law will benefit from it if the uncle had no will. That means that the default NY intestacy laws control and if he was not married at the time of his death, then the children inherit everything, including any eventual proceeds from any wrongful death lawsuit on behalf of the estate.

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Legally, it isn't relevant that the children were estranged and took no interest in father's life. They are still the legal heirs and the sisters and nieces/nephews of the deceased would not be entitled to inherit at all. They would be able to submit claims for any expenses that they paid out of pocket on behalf of the estate for things like final arrangements and burial, but that is all they would legally be entitled to. See NY Estates, Powers and Trusts law 4-1.1 to 4-1.6.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
How unfortunate! A consideration of withdrawal is probably the solution i suppose as greed is a factor in this case...so is a withdrawal at this point out of the question? And if so can the siblings go to fight it In Court ? As they have no knowledge of the conditions of maltreatment other than the eyewitness account of the sisters and neices and Nephews...can they continue on based on documents provided by the attorney without the testimony of the sisters etc...
Customer: replied 1 year ago.
Whenever your ready to respond sir..ty
Expert:  Barrister replied 1 year ago.

. I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue here on the website though...

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If you are talking about the Administrator withdrawing, then yes, they can file a petition to withdraw, but it is up to the judge to determine whether or not to allow it. If they have been paid for their services to date, then a judge may not allow them to withdraw.

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And if so can the siblings go to fight it In Court ?

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I am not sure what you mean by "fight it".... If you mean fight the intestacy statues, then no, it is the law. If uncle had made a will, he could have benefitted them and omitted his children. But his failure to do so results in a big miscarriage of justice, but unfortunately that is the way the law sometimes works..

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thanks

Barrister