Legal Question in Wills and Trusts in New York
The will of my grandmother states, "All of the rest, residue and reminder of my estate is to be divided equally among my children or their children surviving them, per stripes and not per capita." She had 2 children surviving her, however my father passed away which left, my Aunt (the one child) and my sister and I (2 grandchildren), My issues is i was contacted that my sister and i are now in line for my father's place. But now I am told everything goes to my aunt, is that true?
2 Answers from Attorneys
You and your sister are entitled to your fathers share.
I agree with David. The plain language of "...or their children survivng them..." is that you and your sister are entitled to split the share your father would have gotten. This share passes through his estate since he survived your grandmother. Of course, if your father's Will specified something different, that controls.
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