Hello.
My Aunt passed on & had no will (she was never married & no children)
the estate has been divide up - her 2 living siblings get 25% each &
her two deceased siblings (My Dad was her brother & My Aunt was her
sister - both have passed on) amount of 50% (25% each) was divided up
amongst their children my Dad had 2 kids (Me & my sister) My Aunt had
4 kids - so the 50% was divided up amongst the 6 of us - we each are
supposed to get 8 1/3% - Is that right - is that fair - because I
thought my sister & I would split the 25% & the 4 of them would split
their Mother's intended 25%. Are they're any laws governing this?

I haven't signed anything yet.

Thank you.

Hello and thank you for your question.

Here's the law:
http://assembly.state.ny.us/leg/?cl=38&a=14
Estates, Powers & Trusts

              PART 1. RULES GOVERNING INTESTATE SUCCESSION

S 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, 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.

So the real question is, what does "by representation" mean in paragraph 5?

If you'll look at the animated example on the following page, you'll
see that the division was done correctly - - you and your sister,
along with your Aunt's children, receive equal shares, 8 1/3% each:

Probate Judge's Handbook
http://jec.unm.edu/resources/benchbooks/probate/08-2.htm


Sincerely,
Richard-ga

search terms used:
new york intestate succession
"by representation" example

Commerce Clearing House (CCH) is a noted legal publisher.  They
summarize New York state laws regarding those who die "intestate" or
"without a will."  The laws are summarized here, with reference to the
appropriate New York legal codes:
http://www.finance.cch.com/pops/c50s10d190_NY.asp

Best regards,

Omnivorous-GA