Legal Question in Wills and Trusts in New York

my aunts will

My husband was the beneficary in his Aunts will. He passed away in 1999. She said that everything she willed to him will automatically go to me when she passes on. She did make me the executor of her will. Is she correct in thinking this. My husband and I had one child--a daughter just turned 18


Asked on 11/19/07, 7:47 pm

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: my aunts will

It will not automatically (as a matter of law) go to you unless she so stated in her will.

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Answered on 11/19/07, 10:40 pm
Michael Markowitz Michael A. Markowitz, PC

Re: my aunts will

It depends on the language in the Will. If you are not mentioned as a beneficiary in the Will (just the executor), inheritance will go to the other beneficiaries in the will, or if none, to her surviving heirs in accordance with intestate laws. This may (or may not) include your daughter.

Mike.

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Answered on 11/20/07, 8:26 am
Anthony Park Anthony S. Park, PLLC

Re: my aunts will

It's possibly, but unlikely that Aunt's Will has everything automatically going to you. You should suggest to Aunt that she review her Will and update as necessary. Feel free to email or call my office for a brief complimentary consultation.

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Answered on 11/20/07, 8:43 am


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