Legal Question in Wills and Trusts in New York

Do the grown children of a deceased heir have a claim on that person's portion of an estate.


Asked on 8/14/11, 8:11 am

3 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Possibly. You have not provided sufficient information regarding the circumstances.

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Answered on 8/14/11, 8:17 am

The answer depends on whether or not the deceased had a will at the time of death. If so, then the will would control the distribution of the deceased's assets. If not, then NY intestacy law would control. Children of the deceased usually have a claim in the deceased's estate, absent a will.

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Answered on 8/14/11, 8:19 am
Michael Haber Law Offices of Michael S. Haber

The first question is whether there was a will. If so, that will would have to be reviewed to see what it says as to what happens to a bequest that lapses.

The second question is whether the deceased heir pre-deceased the person about whose estate you are inquiring.

More information is needed in order to determine what your rights, if any, are.

You may feel free to contact me, with all necessary details, or you may contact any of the thousands of attorneys in New York who are qualified to answer your questions about this matter.

Good luck to you.

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Answered on 8/14/11, 1:48 pm


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