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
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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

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.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.