In re Estate of Locke - 148 N.H. 754, 813 A.2d 1172 (2002)

Rule:

N.H. Rev. Stat. Ann. § 561:1(II)(d) (1997) clearly and unambiguously states that if a decedent has no surviving issue, parent, or issue of a parent, but is survived by the issue of grandparents on both the paternal and maternal sides, half of the estate passes to the issue of the paternal grandparents if both paternal grandparents are deceased, while the remaining half of the estate passes to the issue of the maternal grandparents if both maternal grandparents are deceased. After the estate is properly divided into halves, the statute unambiguously provides for the further independent distribution of each half. Specifically, the issue of the paternal grandparents share equally in one-half of the estate if the issue are all of the same degree of kinship to the decedent. Section 561:1(II)(d). Only if the issue of the paternal grandparents are of unequal degree of kinship do those issue of more remote degree take by representation. In addition, the statute provides for the other half of the estate to pass to the maternal relatives in the same manner, i.e., the issue of the maternal grandparents share equally in one-half of the estate if the issue are all of the same degree of kinship to the decedent.

Facts:

A decedent died intestate, and had no spouse, children, or siblings at the time of her death. The decedent's parents and grandparents predeceased her, but she was survived on her maternal grandparents' side by two first cousins (fourth degree of kinship) and on her paternal grandparents' side by four first cousins once removed (fifth degree of kinship). The two first cousins claimed that they were entitled to inherit the decedent's entire estate because their degree of kinship to the decedent was higher than that possessed by the decedent's first cousins once removed. The probate court disagreed, and held that the decedent's first cousins on her maternal grandparents' side were entitled to only one half of the decedent's estate. The first cousins on the maternal grandparents' side appealed.

Issue:

Did the probate court err in distributing only one half of the decedent’s estate to the first cousins on the maternal grandparents’ side? 

Answer:

No.

Conclusion:

The state supreme court held that, pursuant to N.H. Rev. Stat. Ann. § 561:1(II)(d) (1997), the probate court properly ordered distribution of one half of the estate to the decedent's two first cousins on her maternal grandparents' side and distribution of the other half of the estate to the decedent's four first cousins once removed on her paternal grandparents' side. The court noted that N.H. Rev. Stat. Ann. § 561:1(II)(d) (1997) clearly and unambiguously stated that if a decedent has no surviving issue, parent, or issue of a parent, but was survived by the issue of grandparents on both the paternal and maternal sides, half of the estate passes to the issue of the paternal grandparents if both paternal grandparents were deceased, while the remaining half of the estate passes to the issue of the maternal grandparents if both maternal grandparents were deceased. After the estate was properly divided into halves, the statute unambiguously provided for the further independent distribution of each half. Specifically, the issue of the paternal grandparents share equally in one-half of the estate if the issue were all of the same degree of kinship to the decedent. Only if the issue of the paternal grandparents were of unequal degree of kinship do those issue of more remote degree take by representation. In addition, the statute provided for the other half of the estate to pass to the maternal relatives in the same manner, i.e., the issue of the maternal grandparents share equally in one-half of the estate if the issue were all of the same degree of kinship to the decedent.