Legal Question in Wills and Trusts in New York

Re: Will

It is fairly standard in a will that it states that any share designated for a child who pre-deceases the testator goes to his children.

If the will doesnt specifically state this, amd that is the intention of your father, I am going to go out on a limb and assume that the current will presently has other problems with it as well.

I would be happy to review, and if necessary re-draft your father's will if he would like. I have an office in Bayside, Queens, should he like to make an appointment.

Re: Will

I have not seen your father's Will and Wills, in general, can be written two ways: either to allow the issue (children, grandchildren) to inherit if their parent poredeceases the Will maker (this presumes that the deceased child had issue), or to divide the estate among only the living children. Either case is appropriate, although it is more traditional to allow to allow the children of a deceased child take what their parent would have received if he/she had survived. I suggest that your father meet with an attorney familiar with Wills to review what are your father's desires and prepare a new Will that properly reflects what he wants to do.