Legal Question in Wills and Trusts in New York

wills

My grandfather had 5 sons. My father predeceased my grandfather, and there are 4 remaining sons who will be the beneficiaries.

I would like to know how a "standard" will reads, as far as, if one of your children predeceases you, "does the offspring of that child inherit their portion", or does it now get divided only between the reamining 4 sons. Please help with this question, I am too embarrassed to confront my Uncles without any knowledge of how my grandfathers will "might" have been written.

What is the proper, or standard to this.

Please reply asap. Thank you.


Asked on 5/21/00, 1:21 am

2 Answers from Attorneys

Richard Bartel Law Office of Richard Bartel

Re: wills

A will can dispose of the estate of the deceased in any way he wished. Without seeing the will, you have no way of knowing your grandfather's wishes.

Either be very diplomatic with one of your uncles or go straight to Surrogates Court and look at the file which will include a copy of the will. (If there is one)

www.eastendlaw.net or [email protected]

Best of Luck

R. Bartel

Read more
Answered on 7/05/00, 10:06 am
Walter LeVine Walter D. LeVine, Esq.

Re: wills

Traditionally, attorneys use language that says if a beneficiary predeceases the maker of the Will, the children of the deceased beneficiary who survive the maker stand in the shoes of their parent and take what the deceased parent would have gotten. While this is traditionally done, there is no law that requires it be done and the maker of the Will can provide for a different result, such as that only the survivors of the named beneficiaries are to inherit. Unless specific language is included in the Will to allow the deceased beneficiary's heirs to inherit, most state laws interpret the failure to include this language to mean that only the survivors inherit.

Without the specific language of the Will, I cannot tell you what happens in your case.

Walter

Read more
Answered on 7/10/00, 10:38 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York