New York  |  Wills and Trusts

Legal Question

Asked on: 4/10/11, 8:09 am

in my mother's will her estate is to be divided equally among three children.one of the divorced children w/o a will predeceases the mother. does his child have claim to the estate when the mother dies? Also my sister has been on the deed for 10 years

1 Answer


Answered on: 4/14/11, 10:12 am by Brian Jones

Under Anti-Lapse Statutes, the child/children of the predeceased beneficiary is entitled to the portion of the estate that would have gone to the predeceased beneficiary, absent contrary language in the will.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


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