Legal Question in Elder Law in New York

Wills
An out of state relative who has diagnosed dementia since 2003 did a 1997 Living Will. She left half of her assests to a relative by marriage and half to her only biological relative, my deceased mother who died in 2001. Since I am the only biological living relative now, but I am not in the Will, does the half assests she left to my mother who is deceased automatically revert over to me?

Asked on 6/24/05, 1:56 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

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Re: Wills

Since you are the only living relative, there is a good chance you will receive your mother's share, but it depends on the terms of the living will. Some estate planning documents forfeit gifts for those who do not survive the decedent.

Answered on 6/24/05, 2:04 pm

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Michael Olden Law Offices of Michael A. Olden

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Re: Wills

sorry i am not as optomistic as mu fellow attorney -- it depends on what the will and/or trust says --- i usually put a time linit after the daeath of the testator, the one who's will it is and who has died, which is not the case, but the beneficiaries e.g. they must live 60 days after the testators death to take --- since she is not not able to change her will presumably she cannot change the document any more so if you are the contingent beneficiary you take, if of the 2 designatied the survivor takes all you lose so i would get a copy of the doument and any codicals or amendments made after the original document was prepared and signed and read them carefully or have an attorney expert in probate to advise you ---

Answered on 6/24/05, 2:27 pm

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