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    ingulets's Avatar
    ingulets Posts: 8, Reputation: 1
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    #1

    May 9, 2008, 11:48 PM
    Usa inheritance law
    How to claim inheritance in usa from abroad.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 10, 2008, 08:26 AM
    Contact the person handling the estate.
    ingulets's Avatar
    ingulets Posts: 8, Reputation: 1
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    #3

    May 17, 2008, 11:15 PM
    Inheritance law
    My grandfather's cousin died in New York. Probate Proceeding was and assets were distributed without a will to one only cousin who lives in New York. Deceased had no spouse,no children,no parents,no grandparents. If my grandfather is dead (cousin of deceased) do I have the right to this assets ? If yes , what should I do next ? :confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 18, 2008, 05:58 AM
    Well how is your cousins family, his wife, his kids, his parents, his brothers and sisters, did your grandfather have a will ?
    There would be a lot of people in line for the money before you, if they are living.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    May 18, 2008, 06:47 AM
    Hello I:

    Is your grandfather THE cousin to whom the assets were distributed?? It sounds like they went to another cousin... I can't tell.

    If they went to YOUR grandfather, then you'd be in line for some inheritance. Course, there might be other people in line ahead of you.

    If they went to ANOTHER cousin, then your grandfather evidently had no claim on them (because he didn't MAKE a claim and or otherwise didn't secure them for himself and his heirs), then you're still in line to inherit, but the assets you're speaking about aren't in there.

    excon
    ingulets's Avatar
    ingulets Posts: 8, Reputation: 1
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    #6

    May 24, 2008, 11:44 PM
    Inheritance law
    If person had right to keep 1/2 of decedent's estate but he had died. Can his child to claim this right ?
    ingulets's Avatar
    ingulets Posts: 8, Reputation: 1
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    #7

    Jul 22, 2008, 01:54 PM
    Inheritance law
    The decedent died 10/12/2004/. The decedent was not survived by spouse, issue, parents, brothers or sisters or their issue, or grandparents, except cousin (1) he's alive.
    The decedent had cousin (2) who died 02/05/2004/. Cousin (2) 's daughter died 03/10/2002. May son of Cousin (2) 's daughter to take or share in the property of decedent?
    If YES , He has same (equal) right, or any? No Will. New york
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jul 22, 2008, 02:46 PM
    Was not an estate from 2004 already closed though probate. Also how names are listed on a will if any will make a large difference and the state if you are in the US differes from state to state.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 22, 2008, 02:53 PM
    Quote Originally Posted by ingulets
    The decedent died 10/12/2004/. The decedent was not survived by spouse, issue, parents, brothers or sisters or their issue, or grandparents, exept cousin (1) he's alive.
    The decedent had cousin (2) who died 02/05/2004/. Cousin (2) 's daughter died 03/10/2002. May son of Cousin (2) 's daughter to take or share in the property of decedent?
    If YES , He has same (equal) right, or any?


    Will? No Will? Homework? What State?

    You have posted variations of this question in various forms on 3 occasions. Continuing to post is not going to change the answers.
    ingulets's Avatar
    ingulets Posts: 8, Reputation: 1
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    #10

    Jul 22, 2008, 03:27 PM
    Inheritance law
    No Will. New York State
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 22, 2008, 03:36 PM
    Quote Originally Posted by ingulets
    No Will. New York State

    Ok. What's the question?
    ingulets's Avatar
    ingulets Posts: 8, Reputation: 1
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    #12

    Jul 29, 2008, 11:05 PM
    New York state Intestate succession
    NEW YORK , Administration Proceeding according Intestate succession distributed assets of deceased to one my relative. I found out it one year later. I live abroad and never knew about death of my relative (deceased). Administrator did not find me. That why I missed Administration Proceeding. I'm sure , I have right for 1/2 of assets. What should I... go to court ? Against who ?
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #13

    Jul 31, 2008, 12:16 PM
    In NYS, the laws of intestate succession are applied when someone dies without a will. They dictate how the estate is to be split up as follows:

    EPTL 4-1.1

    Descent and distribution of a decedent's estate

    The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows:


    (a) If a decedent is survived by:


    (1) A spouse and issue(this means children), fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.
    (2) A spouse and no issue, the whole to the spouse.
    (3) Issue and no spouse, the whole to the issue, by representation.
    (4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents.
    (5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation.
    (6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving paternal grandparent or grandparents, or if neither of them survives the decedent, to their issue, by representation, and the other one-half to the surviving maternal grandparent or grandparents, or if neither of them survives the decedent, to their issue, by representation; provided that if the decedent was not survived by a grandparent or grandparents on one side or by the issue of such grandparents, the whole to the surviving grandparent or grandparents on the other side, or if neither of them survives the decedent, to their issue, by representation, in the same manner as the one-half. For the purposes of this subparagraph, issue of grandparents shall not include issue more remote than grandchildren of such grandparents.
    (7) Great-grandchildren of grandparents, and no spouse, issue, parent, issue of parents, grandparent, children of grandparents or grandchildren of grandparents, one-half to the great-grandchildren of the paternal grandparents, per capita, and the other one-half to the great-grandchildren of the maternal grandparents, per capita; provided that if the decedent was not survived by great-grandchildren of grandparents on one side, the whole to the great-grandchildren of grandparents on the other side, in the same manner as the one-half.


    (b) For all purposes of this section, decedent`s relatives of the half blood shall be treated as if they were relatives of the whole blood.


    (c) Distributees of the decedent, conceived before his or her death but born alive thereafter, take as if they were born in his or her lifetime.


    (d) The right of an adopted child to take a distributive share and the right of succession to the estate of an adopted child continue as provided in the domestic relations law.


    (e) A distributive share passing to a surviving spouse under this section is in lieu of any right of dower to which such spouse may be entitled.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Aug 1, 2008, 07:58 AM
    Quote Originally Posted by ingulets
    NEW YORK , Administration Proceeding according Intestate succession distributed assets of deceased to one my relative. I found out it one year later. I live abroad and never knew about death of my relative (deceased). Administrator did not find me. That why i missed Administration Proceeding. I'm sure , i have right for 1/2 of assets. What should i.....go to court ? Against who ?

    Is this the same estate you have questioned before, involving a cousin?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #15

    Aug 1, 2008, 09:02 AM
    I've combined all your threads into one. Please do NOT start a new thread for the same issue. Use the Answer This Question, Quote User or Quick Reply options to add a follow-up posts.+
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Aug 1, 2008, 09:22 AM
    [QUOTE=sideoutshu]
    In NYS, the laws of intestate succession are applied when someone dies without a will. They dictate how the estate is to be split up as follows:

    EPTL 4-1.1

    If you don't understand this and need it broken down into layman's terms, please post and someone will do that for you.

    I realize you are in India and English is not your first language.

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