Legal Question in Wills and Trusts in New York

Language of Wills

Who stands to inherit an estate when one of the beneficiaries is deceased? Does it go to his estate? or to the remaining beneficiary? Both beneficiaries are named specifically to ''share and share alike'' ? My great aunt didnt state they had to be living, but prior in the will she has stated if my grandfather ( main beneficiary) were to die prior to her it should go to my uncle and father in equal shares? Thankyou for any help.


Asked on 6/04/08, 7:17 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Language of Wills

Generally, a living relative would take his or her share in the same percentage as the beneficiary that pre-deceased the testator. This is normally called "per stirpes."

However, the language in each will is particular. I would need to see the exact language - and have a better understanding of the facts - to give a reasoned opinion.

Mike

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Answered on 6/05/08, 9:04 am


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