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blu6385
Member since 5/08 8351 total posts
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Laws regarding wills
My parents had a will done in NYS and left everything to me and my brother. However my brother has since past and my parents have not change their will yet. If they don't will everything go to me or will I be required to split his shares with his sons?
I thought it would all go to me and it would be up to me to split his share with his sons. My mom thinks I will have to by law be required to have to split it with them.
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Posted 3/26/16 6:21 PM  |
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olive98
LIF Adolescent
Member since 11/12 791 total posts
Name:
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Laws regarding wills
His share would go to his next of kin. It will not go all to you unless your parents take him out of the will.
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| Posted 3/26/16 7:42 PM |
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RainyDay
LIF Adult
Member since 6/15 3999 total posts
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Re: Laws regarding wills
Posted by olive98
His share would go to his next of kin. It will not go all to you unless your parents take him out of the will.
this
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| Posted 3/26/16 10:02 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name:
L
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Re: Laws regarding wills
It depends how the will is set up, your mom needs to read it over. You should not be influencing her.
Message edited 3/27/2016 2:06:20 PM.
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| Posted 3/27/16 12:29 AM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9537 total posts
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The One My Mother Gave Me ;-)
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Laws regarding wills
It depends on what the will says. If silent, the assumption is it goes to you not his kids. http://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-2-1-2.html
Message edited 3/27/2016 12:51:04 PM.
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| Posted 3/27/16 12:50 PM |
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Pumpkin1
LIF Adult
Member since 12/05 3715 total posts
Name:
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Re: Laws regarding wills
Posted by LSP2005
It depends how the will is set up, your mom needs to read it over. You should not be influencing her.
It all depends on how it was written, because it could be written that the property goes directly to you or it could pass to his heirs. Also, the fact that your brother has already passed may affect inheritance rights. Attorneys usually ask about this when they are preparing the will, so I'm sure it was written with your mother's intentions and changing it now could lead to disputes (both inter-family and legal).
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| Posted 3/27/16 2:30 PM |
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Mara1017
LIF Adolescent
Member since 5/11 696 total posts
Name:
Mara
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Laws regarding wills
Depends how it is written.
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| Posted 3/27/16 2:36 PM |
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blu6385
Member since 5/08 8351 total posts
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Re: Laws regarding wills
Thanks. This was just a conversation we were having causally and in actually more of a joking manner. There is no influence by me for them to change it. Both my parents are still relatively young and can make any decision they want. I am not sure why if they wanted to change it now though it could be contested. 
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| Posted 3/27/16 5:53 PM |
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hmm
Sweet
Member since 1/14 8016 total posts
Name:
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Re: Laws regarding wills
Posted by blu6385
Thanks. This was just a conversation we were having causally and in actually more of a joking manner. There is no influence by me for them to change it. Both my parents are still relatively young and can make any decision they want. I am not sure why if they wanted to change it now though it could be contested.
my parents were concerned about his (my brothers) wife contesting the will, and our family atty said she can write it in such a way, that she or he for that matter cannot contest and he would have to accept what was given or not given.
So, I guess certain language cant be used so no one can contest.
Message edited 3/27/2016 6:10:53 PM.
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| Posted 3/27/16 6:10 PM |
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