Legal Question in Wills and Trusts in New York
my mom is due to inherit part of her brothers estate after his death and it is stated that if she was to preced him in death the term per stirpes is under lined can my mother make a will now and have only 2 of her 4 children named to receive this benefit from her brother after her ( my mothers ) death
1 Answer from Attorneys
If the mother dies before the brother, then the mother's children would receive the benefits in lieu of the mother (per stirpes). It does not matter if the mother changes her will, since the benefit would come directly from the uncle.
However, the mother can have a will with a contingent beneficiary. In other words, if the brother predeceases the mother, all 4 children receive an inheritance. If the mother predeceases the mother, ony 2 children receive an inheritance.
Mike.
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