Q: My 91 yr old 1st cousin once removed passed on 1/31. No spouse. No children. My brother and are are the beneficiaries.
I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.
A: The Will should indicate whether his heirs will inherit his share, assuming he has heirs. Since they passed so close to each other, there is often a provision in the Will regarding if a beneficiary is considered to have predeceased or survived your cousin.
Nina Whitehurst agrees with this answer
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