Legal Question in Wills and Trusts in New York

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

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