Pocono Summit, PA asked in Contracts, Estate Planning and Probate for New York

Q: How does an Anti-Lapse Statute in NY apply, if two named relatives listed passed away with no children or wife?

my great aunt left a will naming nieces and nephews.

only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.

the other beneficiaries neglected her, and live in another country.

both my uncles passed away leaving one sister to take care of her mother and my mother to take care of my great aunt.

my mother(who is disabled herself) was not listed on the will. my aunt is the executor. my mother lost POE after my great aunt passed away.

summary:

my aunt was never married. no children. no brothers. no sisters. no partners.

my uncles (beneficiaries), the same, passed away followed by my grandparents.

where do their funds go?

can my mother claim any inheritance?

2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.

2 users found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Without seeing the document, it is hard to say. However, the general law is that if one of the testator's issue or a brother or sister of the testator dies during the lifetime of the testator leaving issue surviving such testator, such disposition does not lapse but vests in such surviving issue, by representation. This law changed in 1992 so it is important that you have a lawyer review the document.

1 user found this answer helpful

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