Legal Question in Wills and Trusts in New York

My childless aunt recently died and the estate has not yet been settled. In her will she has a lengthy clause about how her estate should be bequeathed to her nieces and nephews and, in the case of their deaths, their descendants. She also has left a set sum to her sister-in-law, and just prior to her death, to a friend (actually a paid helper) . However, for the sister-in-law and her friend, she has not stated the lengthy survivor-ship information as she did with her nieces and nephews. We have just learned that her friend has died (before receiving her "share"). The estate is small and her share is about 20-25% of the estate (which I believe my aunt did not realize when she added her friend to the will). My question is this: Since she did not spell out what should happen to the money if her friend died, like she did for her nieces and nephews, should/will that money be retained within the estate to be redistributed to her other heirs? If not, might we be able to contest this and ask for it to be returned? She added the bequest to her friend right at the time she found out she was dying from metastasized cancer and we feel she would not have left such a large amount if she was thinking clearly.


Asked on 7/28/16, 8:20 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

A will contest is a difficult and expensive proposition. Rarely makes sense unless you are dealing with a significant sum.

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Answered on 7/28/16, 8:25 am
Walter LeVine Walter D. LeVine, Esq.

You are unclear as to when the friend died and the language covering this in the Will, if any exists.. If she survived your aunt, but died before she received her share, her estate is entitled to it unless the Will requires a recipient to have survived the decedent for a certain time period. If she predeceased your aunt, there may have also been language in the Will covering this, and it probably said that in such case the gift would lapse and divided among the other recipients, in proportion to their gifts. Not having seen the Will and your information being incomplete as to these matters, the response is based upon the general ways these facts are handled. Language in the Will might produce a different result. If the Will is unclear, this might require a Court determination as to what should happen.

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Answered on 7/28/16, 9:06 am


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