Legal Question in Wills and Trusts in New York
What is assumed in a will?
My grandmother had developed a will in which her estate would be left to her two daughters and one son. Her intention, however, was to leave the estate to her 9 grandchildren. One daughter died numerous years ago (leaving behind her husband and 4 children), one son passed away within the past year (leaving behind a wife and 2 children). The youngest daughter lives and has a husband and 3 children. She has kept the estate and has paid all maintenance dues for the past year. The wife of the deceased son wants to property's value immediately while the youngest daughter wishes to keep the property for now. While the will, to the best of my knowledge, does not specifically indicate that the property would go to the spouses, is this, nonetheless, assumed? Is the estate the property of the youngest daughter? Must she buy out the other parties?
2 Answers from Attorneys
Re: What is assumed in a will?
Dear sir or madam:
If the will only states that the estate is divided between the three children, then the shares of the deceased children probably must be distributed according those deceased childrens' wills (or by intestacy).
Your post is somewhat unclear: has the grandmother already passed away? Is the youngest daughter in the midst of administering the estate as the executrix?
You may contact my office at [email protected].
Good luck.
Anthony S. Park
Re: What is assumed in a will?
Assuming that your grandmother has passed away and that nothing was done to change the name on the deed, each of the three children named in the will are entitled to one-third of the property. If they cannot agree, any one can force a sale by bringing an action for partition of the property.
I could advise you more fully with more facts and a copy of the will.
Arnold Nager
83 Cliff Street
Hastings on Hudson, New York 10706
USA
Phone: 914-478-2981
NOTICE As you are not a client of my firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts
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