Legal Question in Wills and Trusts in New York

Re: Death of Co-Executor

The appointment of an executor does not imply that he/she is also a beneficiary of the Estate. The provisions of the Will should stipulate the division of your grandmother's estate assets.

Since her son post-deceased her, it is very likely that his share of the Estate pass to his distributees pursuant to his Will or via Intestate Succession (if he did not have a Will and NOT directly to your mother).

I would need to review your grandmother's Will and your uncle's Will (if any) as well as his family tree.

You may contact me at anytime for a complimentary consultation.

Re: Death of Co-Executor

IF THERE WAS A WILL AND IT WAS PROBATED, IT USUALLY SPECIFIES EXECUTORS AND SUCCESSORS IF ONE DIES OR BECOMES INCAPACITATED WHILE SERVING. IT ALSO SPECIFIES WHAT HAPPENS IF AN HEIR DIES BEFORE RECEIVING HIS INHERITANCE. WITHOUT SEEING A COPY OF THE WILL I CANNOT ANSWER THIS QUESTION EXCEPT GENERALLY. MIKE IS CORRECT THAT IF AN HEIR DIES, IN MOST INSTANCES THE SHARE OF THE HEIR GOES TO HIS ESTATE AND FOLLOWS HIS WILL OR THE INTESTACY LAWS (NO WILL). IF HE HAD NO FAMILY, YOUR MOM MIGHT GET HIS SHARE. AGAIN, THERE ARE INSUFFICIENT FACTS TO PROPERLY ANSWER THIS QUESTION AND MORE FACTS ARE NEEDED.