Legal Question in Wills and Trusts in New York
Who will be considered as decedent�s family on distribution of estate? My mother in law passed with 3 surviving children. There was one child deceased before her pass. Do the children (grandchildren of my mother in law) of the deceased child entitle equal share of my mother in law�s estate under NY kinship law? Please advise. Thanks
Asked on 4/30/10, 10:11 am
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Presuming she died without a Will to the contrary, the intestacy laws (laws governing estate distributions where there is no Will) provides that the children of a child who predeceases his or her parent inherit a share equal to what their parent would have received had the parent survived. Thus, the grandchildren will share 1/4 of the estate under your question. A Will can state otherwise.
Answered on 5/05/10, 2:07 pm
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