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Who is entitled to the inheritance?

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hiddwood

Junior Member
I live New York state.
My brother died 3 years ago no will. He was survived by his wife in a nursing home.They had no children, only nieces and nephews on my brother side of the family. He had assets in his name which she never claimed.She also had assets in her name. She now has died no family on her side. Are the nieces and nephews entitled to the money?What is the name of your state (only U.S. law)?
 


nextwife

Senior Member
Creditors get paid first. If she was in a nursing home, expect nursing home costs to come out of her estate.

First his, then her estate will need to be probated if not already.
 

justalayman

Senior Member
Creditors get paid first. If she was in a nursing home, expect nursing home costs to come out of her estate.
.
a good point. I simply presumed the writer would realize this but then again, after reading some of the stuff on here, maybe I shouldn't presume so much.
 

anteater

Senior Member
rather that going step by step through who is living and how many siblings etc, what happens changes so, here is a calculator that walks you through the succession:

New York Intestacy Calculator™

was your brothers estate probated?
I just wanted to add a caveat.

Since the wife survived the brother and since the brother seemingly had no children (whether with this wife or not), it seems to me that the now deceased wife's estate would be entitled to brother's entire net estate. In other words, when using that calculator for brother's estate, the input to "Do you have a living spouse?" should be "Yes."
 

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