Legal Question in Wills and Trusts in New York

If a deceased person inherits money does it go to their next of kin or does it have to be put into their estate.


Asked on 12/08/09, 9:29 am

2 Answers from Attorneys

Paula McGill Paula McGill Attorney at Law

It all depends on what is in the original will (the document that granted the deceased person money). Sometimes, wills provide for a contingent beneficiaries if the the primary beneficiary dies.

If the deceased person's estate does not lose the inherited money, it would be disposed of in accordance with his will. If there is not a will, New York's intestate succession laws will apply. In any event, under most situations, the money will be part of the estate. If there is sufficient money involved, you should schedule an office visit with a local attorney to permit him/or her to review the will of the first deceased and the will of the current deceased and discuss your rights.

Also licensed in New York and practicing in Nassau County.

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Answered on 12/13/09, 6:05 pm
Walter LeVine Walter D. LeVine, Esq.

I agree that it depends upoin the language of the Will creating the funds. Some times the Will provides that if a person entitled to inherit predeceases, his heirs take what he might get, and some times it provides for an alternate dispositioin. The Will language must be examined.

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Answered on 12/13/09, 6:13 pm


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