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My aunt passed away and my sister and I were left money in her will per stirpes. How does that work?

Saugerties, NY |

Also, my uncle (my deceased aunt's husband) is still living.

Attorney Answers 3

Posted

To answer your specific question, per stirpes refers how you divide your parent's share. Basically, in this case you and your sister share equallly your deceased parent's share of your aunt's estate. If your aunt made bequests under her will to you and others under the will and she had assets in her name only you may be entitled to the bequests in question. If could be that he just does not want to pay you, but if the will provides for you and there are assets he must follow the will. Once the will is probated it becomes open to the public in the county where probated. You would be well served to retain your own estates attorney to ascertain and protect your rights under the will.

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LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

A few more facts are necessary., such as the exact language of the gift. It sounds like your aunt left you and your sister money outright in the will. Not you your mom or dad (aunt's sibling) but to you and your sister. The language per stirpes means (by the stock). Depending on how the gift is worded it sounds like it was intended to be divided equal between you and your sister and if one of you were not living, that person's share would go to the their children if any.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice

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Posted

You and your sister are entitled to that money and per stirpes means that if either of you had predeceased your aunt that the decedent's share would pass to the decedent's children and not the surviving sister. The only caveat is that since aunt's husband is still living, your aunt under New York law, can not entirely disinherit her husband as he is entitled to certain pre estate administration assets ( $15,000.00 cash the family car etc.) under the The Family Right Law and in addition a right of election which is right of the surviving spouse that could be as much as 1/3 of her estate. under a complicated formula taking into account all assets including testamentary substitutes which is too complicated to discuss in this short answer.
This is a complicated area of the law. We are not providing legal advice. You should consult with an attorney practicing in estate administration..

action you musThis is a complicated area of the law. We are not providing legal advice. Before taking any action consult with an attorney practicing in estate tax and elder law planning .

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