Legal Question in Wills and Trusts in New York
Wills
In a will, 50% is given to five named people, one of whom is deceased, and there is no per stipes clause, but there is a non-assignability of interests clause, does the heir of the deceased get that share
2 Answers from Attorneys
Re: Wills
I would look at the exact language of the will. Is there any reference to "heirs", "issue" or children of the deceased beneficiary?
Also, did the deceased beneficiary die before or after the decedent? If after, that may create an entitlement on the part of the heir, though the language of the will might affect that question.
Also, is the heir of the deceased beneficiary a relative of the decedent? All of these questions affect the answer to your question, but it all begins by very carefully reviewing the precise language of the will.
Re: Wills
It depends on the exact language in the will.
Mike.
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