Legal Question in Elder Law in New York

estate and wills

if a parent made a will and left equal shares to her children but one child has died do their children receive the share


Asked on 6/02/08, 1:00 pm

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: estate and wills

Yes, except if the will says otherwise. EPTL 3-3.3(a)(2).

Good luck.

Rick Bryan

New York, NY

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Answered on 6/03/08, 1:40 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: estate and wills

this depends upon how the will is constructed and written. Sometimes it is written that it goes to the blood descendents of the deceased child, sometimes it is written that it goes to the surviving child. Without having the will in front of me it is difficult to give you a definitive answer.

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Answered on 6/02/08, 2:10 pm


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