Legal Question in Wills and Trusts in New York
what happens to a beneficiary's share if they die after the testator
I live in New York city, my grandmother and grandfather(my mother's parents) own a house which they drew a will up for and both are now deceased, My grandmother passed first, then my mother who was listed as a beneficiary, then my grandfather. who survived my grandparents are three daughters. my mother is survived by my father my younger sister and myself, My question is does my father recieve my mothers share of the will, do I or my sister recieve it instead because it was my mothers parents who left it to her or do we recieve nothing and it gets divided among the remaining siblings?
2 Answers from Attorneys
Re: what happens to a beneficiary's share if they die after the testator
Michael is correct if the Will provides for this. What he responded is the traditional language (if a child predeceases a parent, the child's children take the share of the parent). However, some people provide that if there are multiple children, only those who survive inherit. You need to see/get a copy of the Will which is available at the Surrogate's Office where it was probated (you usually can get a copy for a small photocopy fee), and see which language was used. You can also ask the Surrogate for information on how to contact the Executor and the attorney for the estate, and they may be able to provide you with a copy of the Will.
Re: what happens to a beneficiary's share if they die after the testator
Assuming I read your question correct, your grandparents had 4 daughters. One daughter (your mother) predeceased your grandfather. Then your grandfather died.
Assuming that your grandparent's will allowed inheritance by right of representation (per stirpes) your three aunts would own 25% and you and your sister would divide 25% (12.5%) of the house. Because your mother predeceased your grandfather your father does not obtain a percentage of the house.
If you want to review this issue further feel free to telephone.
Mike.
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