Legal Question in Wills and Trusts in New York
if a will states my mother was left a share of an estate but she passed away before the will maker and his will states "if this person outlives me" does her share of the estate go to her children?
Asked on 5/03/10, 5:22 pm
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
If the Will states that to inherit the person must survive, the children of someone who predeceases get nothing. If the Will is silent, the traditional interpretation is that the children of someone who predeceases take and share what their parent would have gotten. I have not seen the document or the language it contains, so this is a general answer.
Answered on 5/09/10, 12:10 pm
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