Legal Question in Wills and Trusts in New York

My paternal grandfather wrote/ left a will in 1987 directing that his residuary estate, "in fee simple absolute" go to his second wife (My grandmother was his first wife). After several disbursements to family members, the remainder of his estate was to go to my birth father and my grandfather's step- daughter (his second wife's daughter) in equal shares and to their "issue per stripes".

The second wife, deceased in August 2010. Her daughter (My grandfather's step-daughter) is administering the will now (she's named as my grandfather's personal representative in the will).

This step - daughter has 1 son - her issue ?

My father has been deceased for 16 years, I am his issue, correct ? Am I entitled to anything ?

(I reside in NYC. This will was written in Wash, D.C. where my grandfather and his first wife and second wives resided. The step-daughter resides in Maryland.

Asked on 12/04/10, 12:44 pm

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

You are your natural Father's issue. Anything left to him (or his issue) includes you.

The Step-daughter's son is her issue. Usually an "issue" does not inherit unless the parent has

died before them.

The normal language in a will is..." to X, and if X does not survive me, then to X's issue".

Your statement of the wording of the will is a little different as you state "AND to their issue...."

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Answered on 12/10/10, 3:58 am

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