Legal Question in Wills and Trusts in New York

Intestacy or redistribution to other beneficiaries

What is the law in New York State when a beneficiary dies before the individual who wrote the Will and the Will is not updated? One attorney told me the dead beneficiaries portion is treated under intestacy statues. Another said, no, the proceeds are redistributed to the other remaining beneficaries. Who is correct? Also, my aunt, who Will this is, identified the beneficiary who died, as a 'son' when he was only her step-son. He was never adopted by her. She also describes other beneficiaries incorrect - 'granddaughter', 'grand-

son', when in fact, they were 'step'. Does this in any way affect the validity of the Will? Thank you.


Asked on 5/28/08, 10:45 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Intestacy or redistribution to other beneficiaries

The language in the Will governs. It must be determined whether or not the writer of the Will intended, by the language used in the Will, to have the gift lapse on the death of the beneficiary or, on the other hand, have the gift go to the issue of the deceased beneficiary.

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Answered on 5/28/08, 2:16 pm


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