Legal Question in Wills and Trusts in New York

are the children entitled to their dad's part of their grandmothers estate if his children are not noted otherwise.


Asked on 3/12/11, 9:10 am

1 Answer from Attorneys

Michael Haber Law Offices of Michael S. Haber

If the grandmother had a will, then the provisions of the Will will indicate what happens to a bequest if the intended beneficiary is deceased. Some wills specify that the bequest will abate (terminate), while others state that the bequest go instead to the "issue" of the deceased legatee (descendants such as children).

If, on the other hand, the grandmother did not have a will, the children may inherit. It would be helpful to know who survived the grandmother.

Good luck to you.

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Answered on 3/25/11, 5:22 am


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