Legal Question in Wills and Trusts in New York

Re: Who is an heir

Sorry but since your husband predeceased his father, his estate does not share. If his father still wanted you and your son to share he should have prepared a new will. I practice in FLA & NY.

Call me if you wish to discuss further. Good luck.

Re: Who is an heir

A surviving spouse and child may inherit under these circumstances, depending upon how the decedent's will is written. A will may provide that if a beneficiary is deceased, the bequest is distributed to the beneficiary's spouse or surviving children.

It may be possible to get a copy of a will from the Surrogate Court in the County where decedent lived. And/or, find an attorney (who specializes in wills and probate) in the county where the decedent lived. If you need help finding an attorney, contact the state's bar association and ask for a recommendation for an attorney who concentrates in this area of law.

Good luck.

Re: Who is an heir

There may be rights existing as an heir via NY anti-lapse statutory provisions and further information needs to be developed concerning this. There are a number of fact-specific issues under NY law that need to be carefully considered and dealt with concerning the will and the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of NY. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 9-8-2002, 12:05 a.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.