Legal Question in Wills and Trusts in New York
If a will states that the property is to be left equally to the three sibblings and one of the sibblings dies before the property can be sold. Does the estate that go the the other 2 sibblings or does the one sibblings share go to there estate?
Asked on 11/15/09, 8:07 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
It is part of their estate.
Answered on 11/20/09, 8:24 pm
Walter LeVine
Walter D. LeVine, Esq.
If the sibling survived the Will maker, but died before receiving his/her share of the estate, the share usually goes to his/her estate, not the surviving siblings. The Will may say differently and, in the absence of language changing how this is handled in such a situation, the shares are still one-third each (one-third to each surviving sibling and one-third to the estate of the deceased sibling)..
Answered on 11/21/09, 3:08 pm
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