Legal Question in Wills and Trusts in New York

Contesting a will

My grandmother passed away recently, and her will from around 1989 left everything to her two surviving sons (my uncles) equally. My father, her oldest son has been deceased since 1977. There is no mention of myself or my brother in the will, but it does mention my uncles children that they would inherit his share in the event he passed away first. Are my brother and I entitled to our father's share? Can we contest the will on that fact? Also, if we are not entitled outright but my uncle's agree, can we receieve our father's share directly from the estate or would my uncles have to give it to us as a gift after they receive their inheritance?


Asked on 7/08/07, 1:49 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Contesting a will

The language in the Will governs whether or not you step into your father's shoes and you and your brother share his bequest. If such language relates to the bequest to your uncle, but does not relate to the bequest to your father, then it is highly unlikely that you would take his share. The failure to include you as a beneficiary in the Will, is not a basis to contest the Will.

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Answered on 7/09/07, 9:17 am


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