Inherence

My 2nd cousin died in Bronx, NY

There are two claims on the Estate.

My family (related to her) and her husband family

no kids no will

Her aunts
Her first cousin
and my sister and I 2nd cousin

My aunt that is trying to be an administrator of the Estate, do not want my sister and I to get any money

Her aunts - My grandmother is one of them (deceased)

The share to my grandmother goes to her kids (8 of them - 1st cousins) (1 deceased recently)

My father (deceased) (1st cousin)

4 children (2nd cousin)

Do we have a right to claim under the Estate?

We were told yes in NY State...my aunt excluded our names

We contact the attorney and he won't include us only the people that are paying his fee...he lie to us and said he sent us letters now his claiming that we are not blood...confuse.

Whether or not you can be included in the distribution depends on the laws of New York State, which I'm not familiar with. I found this info on a website -- take it with a grain of salt.

http://www.finance.cch.com/pops/c50s10d190_NY.asp

Basically, it goes like this:

1 -- her husband, if living, inherits it all, and no one else gets a dime, unless she had kids (then there's a split between living husband and living kids).

2 -- Her kids take all, if Dad's dead.

3 -- If there are no kids, , then it all goes to her parents.

4 -- If her parents are not living, it goes to the children of the parents (the deceased's brothers and sisters).

5 -- If none of her brothers and sisters are living, her estate skips the children of the brothers and sisters and goes to her grandparents. If the grandparents aren't living, it goes to the grandparents' children (which would be the deceased aunts and uncles).

6 -- If none of her aunts and uncles are living, it looks like it goes to their children -- her first cousins. That's as far as the State allows intestacy inheritance by blood relatives. If you get to this point, and none of her first cousins are alive, her money goes to the State of New York.

At least, that's how I'm interpreting this website.

(BTW, if your father was first cousin to the deceased, you are her first cousins, once removed. You would be second-cousin only to her children.)

If you feel there's something funny in all of this, by all means, consult an attorney on your own. Don't wait until after the probate is closed -- it's too late by then.

I have to agree with Puck for the most part. NY is NOT the state to leave things intestate (no will). Quiet honestly, with a living husband I would surmise that your Aunts are not going to receive a dime of inheritance. Most likely, with no direct lineal decendents (children), the husband will get the lion's share and will be able to do with it as he pleases.

There's a looooonnnng line to wait in for Aunts & Cousins.

BTW, in the case of intestacy the administrator has NO legal power to decide who gets what. They are simply there to distribute according to the decisions of the courts. What your Aunt "wants" most assuredly will not be what your Aunt "gets".

Can anyone tell me how to initiate a "post" (i.e., ask a question); thanx!

FACE

Use the forum jump feature to go to the relevent category and then click on the red "new thread button" on the left side of the page above the category info.

Thanx...I'll give it a try - although now, I can't even find the Forum Jump Feature!!!

Guess I gotta go thru the learning curve...

AND, I don't see the new thread button anywhere! D'OH!

face, at the top of this page you see two links that read: Kiplinger.com Community > ESTATE PLANNING

by clicking on the ESTATE PLANNING it takes you to the primary category. it is only inside the primary category that you can start a new thread. that is where you will find the red button of which blixet is speaking. if you go to the Kiplinger.com Community you are at the lead page. starting a new thread here is not possible. starting a "new" thread inside a secondary category (such as the one you are in now) is also not possible.

good luck.

Thanx, 1_more_opai (better late than never, on my part.)

Wonder if I would have found it on my own...one would think that they would include some instructions regarding beginning a post (in case someone couldn't find it...)

FACE

Scroll down below the quick reply box under the 1st post. Before you hit the bottom of the page you'll see the forum jump. It's a quick way to move around the different fora.