Legal Question in Wills and Trusts in New York

If a beneficiary of a will is deceased, does the property go to the deceased beneficiary's children? Or would it go to the next of kin? My uncle passed away and never updated his will which left his home to his sister, but his sister passed away a few years ago. Do his sister's children inherit the house or does it go to next of kin (ie my uncle's brothers)?


Asked on 2/13/13, 4:39 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Unless the will provides for this situation or has a residuary provision, it would go to his heirs by rules of intestacy (next of kin).

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Answered on 2/13/13, 5:44 am


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