Legal Question in Wills and Trusts in New York

wills

If people named in a will are dead, do their heirs automatically get that share? If people named cannot be located, does their share go back into the pool. Does a person's oral promise mad e before death supersede a written will that may be much oder?


Asked on 5/26/08, 4:21 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: wills

Q. If people named in a will are dead, do their heirs automatically get that share?

A. It depends on how the will is written. For example, if the will has the words, "per stirpes," then the answer is yes.

Q If people named cannot be located, does their share go back into the pool.

A. Again, it depends on specific circumstance.

Q. Does a person's oral promise made before death supersede a written will that may be much oder?

A. No. Oral promises made at any time do not supersede a valid will.

Mike.

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Answered on 5/26/08, 9:27 am


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