Legal Question in Wills and Trusts in New York

Re: Granmothers will

First, you must confirm how the deed to the land is held (e.g., did your grandparents own the land jointly, in your grandfather's name only, etc.).

If the land in your grandfather's name or held by your grandparents as "tenants-in-common," then your grandfather's will should be probated. If the land was held in some other fashion, you may only need to probate your grandmother's will.

You should contact an attorney to help you sort through this situation. Feel free to email or call my office for a brief consultation.

Re: Granmothers will

It is irrelevant that the Will was changed, since your grandfather predeceased your grandmother, so her bequest to him appears to have lapsed, since the designated person predeceased her. What does her Will say happens under these circumstances (grandfather predeceased)? If the new Will does not cover this, she may be considered to have died "intestate" (without a Will), so her Will can be probated, the xecutor appointed, but the estate will pass as if she had no Will (as provided in the intestacy statutes). The children will take anyway, almost like under the original Will. Contact me directly if you have more questions.