Legal Question in Wills and Trusts in New York

Re: probating wills and responsibility of excutor

Without seeing a copy of the Will at issue, this is a difficult question to answer, as more information is needed. Generally, a Will can provide that a person must survive the decedent for a period of time to take the inheritance. It may also provide for alternative takers if this survival period has not been met. If a person dies after the decedent, they or their heirs usually are entitled to take, in the absence of language creating a survivor time period. I need to know what the Will says, to give you a better answer. If you want, you can FAX it to me (973-377-8167) and give me an e-mail address, and I will respond.

Re: probating wills and responsibility of excutor

If the 1st Executor named in a Will is deceased, then the 2nd person named may serve as Executor.

If the sole beneficiary under a Will (The 1st Sister)dies before the person who wrote the Will, the proceeds of the Estate MAY still pass to the deceased person's Estate.

How does the Will read? "... everything to my Sister Sue Smith.", or "...everything to my Sister Sue Smith, if she survives me." If the Will states that the Sister must "survive" and she does not, then her Estate does not take.

The answer to the question of who then takes depends on what the rest of the Will provides. If there are no alternative or residuary provisions, then the Estate may pass to the legal heirs by Intestacy.

For more information, please contact me @ 716 856-4022. Thank you.

Re: probating wills and responsibility of excutor

The successor to the Executor named in the Will does not inherit anything, the successor serves in a fiduciary capacity to administer the probate of the estate of the deceased brother. The successor executor applies to the Probate Court for appointment as Executor and is appointed by the Court. Ususally, the executor is paid a fee, set by statute, for the work done as executor. No one "inherits" the position of executor. The Will determines who inherits what, and if an heir dies before the probate is completed, without a Will, then the inheritance is paid to the deceased's heirs "at law" which is determined by the State Law, where the probate is taking place. From what you have written, the probate must be completed as required by law, part of that process is to distribute the assets of the estate, which would then go the heirs of the deceased sister who was named in the brother's Will to inherit his estate.