Legal Question in Wills and Trusts in New York

My father died in May. My brother died in September. In my father's will my brother was to get 15% of his assets and 15% of the family home as a tenant in common. This now goes into my brother's estate. My brother had no wife or children. There are no family members in his will. The three beneficiaries in my brother's will are three friends. Both the wills are now in probate. Is there any form or waiver , if they so please, that the beneficiaries in my brother's will could sign to revert my father's assets back to the other beneficiaries in my father's will who are his children? My brother left a sizable estate and they are getting plenty without my dad's assets. Thank you.

Asked on 12/21/11, 6:35 am

David Slater David P. Slater, Esq.

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They would have to file a waiver in your father's estate proceeding.

Answered on 12/21/11, 8:13 am

Walter LeVine Walter D. LeVine, Esq.

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Or renounce the bequest back to your father's estate.

Answered on 12/21/11, 10:31 am

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