Legal Question in Wills and Trusts in New York
Grandfather's will
My grandfather recently past away, and the will states that everything be devided between his living daughters. My mother, who past before he, obviously is not included. However, the attorney stated that I need to sign in order for the remaining two daughters to split everything. Which leaves me out of the will. Why do I have to sign anything, if my mother past, and I am not in the will? Something about handing over power of executor or something? I'm not sure what to do. Please help!
2 Answers from Attorneys
Re: Grandfather's will
You should seek legal counsel to review the terms of the Will in detail. NY has an antilapse statute for close family members such as yourself that may or may not apply.
You may conatct me at anytime to further discuss this matter.
Re: Grandfather's will
I have not seen the Will language, but generally agree with Michael, depending upon the language in the Will, or the absence of language.
Traditionally, most Wills provide that either (A) that if a beneficiary predeceases the Will maker, their share goes to their children, or (B) if someone predeceases the Will maker, only the surviving beneficiaries take. In the absence of either language, the anti-lapse statute comes into play. Since you have the potential to take your mother's share, the Will should be reviewed to see actually what rights you might have, if any. If I could see a copy, I could advise you better.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
