Nephew clarification on Will

Hi everyone, I'm having a problem with the Will of my deceased Aunt.

My Aunt died recently in an accidental fall at her house. She had a will written in 1999 at a lawyer's office, so it was fully notarized. Since then many things have changed within the family, where my own family was set to take care of her, and other family members "disappeared" to be nice.

I am the Executor of the Will and when I read it, the beneficiaries were my Mother at 25%, her brother-in-law at 25%. If either one of them predeceased my aunt then their percentage would go to "my nieces and nephews" (from my aunt's perspective). The remaining 50% would go to "my nieces and nephews" again from my aunt's perspective.

I have 3 siblings and 1 first cousin. I assumed at first that the "nieces and nephews" would be my brothers and sisters and my one cousin. Well after the estate was created, my aunt's brother-in-law informed my lawyer that we never included his kids. My aunt never intended for them to get anything. When I first met with my lawyer i asked him multiple times if the "my nieces and nephews" part pertains to just my side of the family and he agreed with me over and over. After the brother-in-law sent that notice to my lawyer, my lawyer has informed me they are also included now. I contested it and he said he'll look into it.

So to sum it up in quick points. My mother died before my aunt so her 25% gets added on to the "my nieces and nephews" portion and the remaining 25% goes to my aunt's brother-in-law. We all thought the 75% of "my nieces and nephews" part would be split 5 ways from my side of the family. Now the brother-in-law wants his three kids included in that portion.

What determines "my nieces and nephews"? Is it blood nieces and nephews? Thanks for the help.

You keep referring to your aunt's brother-in-law. The point, though, would be that these are the children of your aunt's sister - that is, your aunt's nephews and nieces, right?

My thoughts exactly.

The only thing that may affect the their position as neices and nephews is they were not natural OR ADOPTED children of aunt's sister (which would be your blood related aunt, correct).

If the childen were not natural children of the aunts sister, it may or may not be proper to restrict them from inclusion. It may be neccessary to seek the germane state's laws for clarification or even possibly case law within the germane states judicial system for direction.

If the children were adopted by your aunts sister, they would be considered to be in the same position as a blood relative in most states.

What I'm trying to clarify is the "nieces and nephews" portion of the will.

I'll make a simple family tree...

My Aunt(whose will we're referring to), Mother, and Uncle are siblings. Between them there are 4 kids from my mom and 1 kid from my Uncle...so that's 5 nieces and nephews (which includes me) to my Aunt.

My Aunt lost her husband and son. Her husband had a brother. This is the brother-in-law. He has 3 kids. He wants to include his 3 kids into the "my nieces and nephews" portion.

My Aunt intended the "my nieces and nephews" portion of her Will to be her nieces and nephews (which includes me) from our side of the family. Our lawyer agreed with us at first, but when the brother-in-law contested it, our lawyer said he was right. He said he will look into it since I don't agree.

Is there a difference between "blood" nieces and nephews and nieces and nephews from her late husband's side?

Did the deceases aunt consider these children to be he newphews and/or neices?

The answer could determine their standing. If your aunt considered those people to be nephews and/or neices, it could be argued (and probably successfully) that your deceased aunt did intend to include those people in her will as nephews and/or neices.

Other than that, the germane states laws and case law could be required to determine the answer.

No not at all. She didn't want anything to do with her Husband's side of the family. The story is a big mess. Her brother-in-law sexually harassed her, but she only told my wife and I, and we kept it secret. She always wanted to change the Will to exclude him but she died unexpectantly from a fall.

She sat with my wife and I for hours drafting a new Will that directed everything to me, since i was the only family she would talk to. It was only written on a piece of paper and she never went to the lawyer with. I searched her house from top to bottom and can't find it. But that is a moot point.

She never intended for those nieces and nephews to be included in her Will. Is there any law that distinguishes "blood" nieces and nephews from the other ones?

For example, if I were to say "my nieces and nephews" I would mean my brothers' and sister's kids. Not my wife's brother's and sister's kids right?

Thanks for the replies!

Quote:

---

For example, if I were to say "my nieces and nephews" I would mean my brothers' and sister's kids. Not my wife's brother's and sister's kids right?

---

sounds cold to me. they would be your wifes neices/nephews and by marriage, yours as well. Would you not be addressed as Aunt so and so and Uncle what's his name?

Quote:

---

Other than that, the germane states laws and case law could be required to determine the answer.

---

I posted this twice and you failed to respond or else mis-understand that the state your aunt resided in may be the determining factor. That little bit of info, that you have not disclosed, could determine the outcome of this ordeal. Nobody can give any exacting response without the state of concern being known.

I'll let your attorney answer any more questions. He, I'm sure, is aware of the controlling state and can advise you accordingly.

Hi, thanks for the response again...

I'm sorry I completely forgot to say this is all happening in Pennsylvania. Is there a place I can check the law? I've consulted my lawyer but he seems as if he's confused, and i'm getting irritated over that. Am I legally obligated to use him since he made the Will and the Will states to use him if I need assistance?

My wife and I were discussing the nieces and nephews term. We thought there's a technicality with your nieces and nephews on your side. I always thought there was a difference. I could be wrong.

Thanks for the help, i really appreciate it.

When did your aunt's husband die?

My Aunt's husband died in 1997. She actually lost her husband and son within hours of each other. She made her Will in 1999. I thought that had something to do with it. I got a call from my lawyer today and he said the nieces and nephews from the other side of the family are excluded. It will only be a matter of time until they contest it.