Legal Question in Wills and Trusts in New York
Estates, Wills
What happens to the proceeds of a Will if a beneficiary dies before the individual who made the Will? Are the proceeds treated as if there were no Will (intestate) or are they distributed to the remaining beneficiaries? I have consulted several attorneys and have received diferent answers. Some say it is treated under intestacy laws and a few say the money is distributed to other beneficiaries. I would appreciate a valid answer. Thank you.
1 Answer from Attorneys
Re: Estates, Wills
It depends upon the language of the Will, which you do not provide. Usually, a Will provides that if a named heir predceases the Will maker, some alternative person is named. It may be language like " I give my estate to John Smith and if he predeceaes me to .... (being other people). In the rare instance that no one is named as a successor taker, the Will is treated as if the decedent died without a Will, so the intestacy laws (laws covering what happens if a person dies with no Will) indicates who takes.
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