Legal Question in Wills and Trusts in New York
Rights of heirs to a deceased child of a recently deceased parent
My grandmother recently died. In her will, she bequeathed her estate to her three children, ''share and share alike, per capita and not per stirpes.'' I am the child of one of her children who is also deceased. Does this entitle me to his portion of her estate. I was told it does not. Why, then, did I receive a ''Waiver and Consent'' form to sign indicating my ''irrevocable consent to the probate of the Will and the appointment of blank as the Executrix of the estate''?
2 Answers from Attorneys
Re: Rights of heirs to a deceased child of a recently deceased parent
More info is needed. A quick reading of the
provision would indicate that survivorship is
required. However, this may be overruled by
what is called the "anti-lapse" statute.
Further, if the will is not admitted to probate
you clearly would inherit This is why they are
asking for you to sign off
So hire a lawyer before you agree.
Re: Rights of heirs to a deceased child of a recently deceased parent
If there had been no Will, you would have been entitled to share in the estate. This makes you a Distributee, a person entitled to participate in the probate proceeding. You waived whatever rights you may have had by signing the Waiver and Consent.
From the information you give, it appears that you will not share under the Will. The gifts were per capita, that is by head count of the living.
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