New York  |  Wills and Trusts

It is part of their estate.

If the sibling survived the Will maker, but died before receiving his/her share of the estate, the share usually goes to his/her estate, not the surviving siblings. The Will may say differently and, in the absence of language changing how this is handled in such a situation, the shares are still one-third each (one-third to each surviving sibling and one-third to the estate of the deceased sibling)..