Legal Question in Wills and Trusts in New York

residuary estate question

recently my husband was listed as the beneficiary in the residuary estate and my daughter was listed second. afterwards it reads distribution of residuary of my estate as follows 100% to american diabetes. what exactly does this mean? we do know she meant her will to be.. all goes to my husband ,if hes deceased then my daughter, if shes deceased then american diabetes. im thinking the attorney may have worded it wrong or mistaken as shes sometimes confusing to understand. she owns one house with a 35,000 balance in her mortgage and has 30,000 in the bank acc. should we redo this will. she keeps stating she only wants to leave 200 to american diabetes. any advice please would be appreciated


Asked on 6/20/09, 12:23 am

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

Re: residuary estate question

I have not seen the actual Will and the language used, and suggest you get me a copy or write me citing the actual language. From what you say, it appears that what was intended is 100% to your husband, then to your daughter if he has predeceased, and if both have predeceased, then to a charity. I need to see that actuall laqnguage used to see if the intent is properly expressed.

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Answered on 6/20/09, 1:45 pm


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