Legal Question in Wills and Trusts in New York
wills: beneficiary
My father in law passed away in 2004, his Aunt recently passed away and he is named as a benficiary in her will. Does his half automatically go to my husband and his brother or only to the other named beneciary?
3 Answers from Attorneys
Re: wills: beneficiary
It depends on the terms of the Will, but in all likelihood your father-in-law's share goes to the other named beneficiaries.
Re: wills: beneficiary
It depends on the language in the will. If the will states your father in law's name and his issue, per stirpes, than you husband and brother would inherit.
Mike.
Re: wills: beneficiary
I concur that it depends upon the naguage used in the Will to cover this situation. Is there language that states what happens if a named beneficiary predeceases the Testator? Some people provide for issue to take in place of the beneficiary who predeceased, and some people provide that one takes only if living. If you could provide me with the Will language, or a copy of the Will, I can provide a better response.
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