Legal Question in Wills and Trusts in New York

Who is legal beneficiary

An elder aunt died in NY state. Her outdated will states her deceased Her husband is dead and no children. Her outdated will states her nephew as beneficiary but he is also deceased but does have a son who is alive.

Who is the beneficiary of the estate, her nephews son or her sister?


Asked on 2/14/07, 2:02 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Who is legal beneficiary

YOU HAVE NOT STATED THE ORDER OF DEATH'S AMONG THE FAMILY MEMBERS. IF ALL PREDECEASED THE AUNT, THE ORDER OF INHERITANCE FOLLOWS A FAMILY TREE, WHICH WOULD MAKE THE SISTER AHEAD OF THE NEPHEW'S SON, AS SHE IS THE CLOSEST LIVING RELATIVE. IF ANYONE DIED AFTER THE AUNT, BUT BEFORE ANYTHING WAS DONE WITH HER ESTATE, THE FAMILY OF THAT PERSON INHERITS. MORE FACTS WITH DATES OF DEATH MAY BE NECESSARY FOR A FINAL RESPONSE.

Read more
Answered on 2/14/07, 2:07 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York