Legal Question in Wills and Trusts in New York
Survivor's and Children's Inheritance Rights
Paternal grandparents have passed away, grandfather first, grandmother was years after. My father had passed prior to my grandmother and subsequent to my grandfather. Father was executor when grandfather had died, and received his share (portion to grandmother and 6 other siblings) that was bequeathed in accordance with the will. My father was also executor for my grandmother's assets, however, as result of his death, the responsibility either went to my mother or the next oldest uncle. The question is: the three youngest siblings (again there are six) are trying to contest that since my father has passed away, neither my mother, nor my sister and myself are entitled to any proceeds that are to go to my father's estate in accordance to my grandfather's intent. My father and the three older siblings agree that everything should be portioned as original. Thanks.
2 Answers from Attorneys
Re: Survivor's and Children's Inheritance Rights
It would be improper for an attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your particular matter.
However, I will try to provide you with some information.
Based on the information that you provided in your questions, it appears that the answer lies in an analysis of the language used in both your grandfather's and grandmother's wills. Your grandparents may have wanted their assets to go to their children only, but not to their grandchildren. Their motivation could have been that you were to benefit from your father's enhanced estate.
You may want to consult with an attorney. If you would like my assistance, please feel free to call me at (212) 971-1384.
Re: Survivor's and Children's Inheritance Rights
Without knowing all of the facts or the language of the reespective Wills of your grandparents, I will provide some general information. Unless your grandfather's Will contained language requiring a specific survivorship time period, your father being alive when your grandfather died, would allow your father's estate to receive anything he was to receive under his father's Will, wheter or not he was alive when the final distribution took place. As to your grandmother's Will, it would depend upon the language used in her Will. Many times a Will contains provisions that say if a child has passed away before the maker of the Will, the share of the estate going to the child who predeceased will now go to his children, if any. The Will might say, however, that if a child predeceases, the shaqre of the child goes to the other children only. Without knowing the contents of your grandmother's Will, I cannot say what happens. It appears from your question that your grandmother may not have had a Will, in which case her estate passes by the intestacy laws of NY (laws controlling what happens if someone dies without a Will). Under the intestacy laws, if a child predeceased their parent, their children, if any, take what the father would have gotten if he were living. If there are 6 children, you and your sister would be entitled to split 1/6 of your grandmother's estate. Spouses of deceased children get nothing under the intestacy laws, nor would your mother be entitled to be appointed to handle your grandmother's estate, as only the decedent's spouse or children are entitled to be appointed.
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