Legal Question in Wills and Trusts in New York

My grandmother died on Dec. 25. Her daughter, my mother, died a few days earlier on Dec. 21. My grandmother's will stipulates that each of her two children will get half of everything. Since my mother died before my grandmother, does this mean that any assets intended for my mother will go to her estate? Or does my mother's estate get nothing now that she is deceased?


Asked on 1/10/10, 10:34 pm

2 Answers from Attorneys
Ellen Victor Law Office of Ellen A. Victor

I am so sorry for your recent losses. Since your grandmother had a will, you or your lawyer need to see that will to find out how it is written. Many wills include the language "should my child predecease me" and then advise how the deceased wants those assets to pass should that happen.

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Answered on 1/16/10, 6:22 am
Walter LeVine Walter D. LeVine, Esq.

I AGREE, THE LANGUAGE OF THE WILL CONTROLS AND SHOULD COVER THIS SITUATION. SOME ONE NEEDS TO SEE THE WILL TO INTERPRET THE LANGUAGE.

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Answered on 1/16/10, 10:51 am


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