New York  |  Wills and Trusts

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11/15/09, 8:07 pm

Legal Question


If a will states that the property is to be left equally to the three sibblings and one of the sibblings dies before the property can be sold. Does the estate that go the the other 2 sibblings or does the one sibblings share go to there estate?


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11/20/09, 8:24 pm

Legal Answer


It is part of their estate.

David Slater

David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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11/21/09, 3:08 pm

Legal Answer


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)..

Walter LeVine

Walter D. LeVine, P. A. 23 Vreeland Road #102 Florham Park, NJ 07932

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