Legal Question in Wills and Trusts in New York
Right of deceased siblings spouse to inheritance
My mother died in 2005, at which time all 6 of my siblings were alive. I was named executor of her will. Liquidation of assets began, and each sibling was issues a check, however, full liquidation has not yet been finalized by the involved lawyer so dissemination of money still must occur, and in the meantime one sibling has died. The will read that assets were to be distributed among all living children. Does that remainder of the liquidation get divided among the living children left, or does the deceased siblings spouse have a right the portion that would have gone to the child? I live in New York as did my mother, deceased sibling and family lived in North Carolina
2 Answers from Attorneys
Re: Right of deceased siblings spouse to inheritance
It depends upon the language of the Will. The spouse of the deceased sibling does not - unless the Will says otherwise - receive that sibling's share. However, the children (grandchildren of your mother) may have a right to their parent's share if the Will says "to my children per stirpes." The key phrase being "per stirpes".
Re: Right of deceased siblings spouse to inheritance
Generally, a distribution among living children, means children living at the time of the death of your mother. If, thereafter, a child dies then the share set aside for that child is distributed to the estate of that child.
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