Massapequa, NY asked in Probate for New York

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.

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

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

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

A: Yes. As a post deceased beneficiary, your brother's estate would inherit. The will could have a provision dealing with deaths in close proximity, but if not, your brother inherits.

Nina Whitehurst and Elaine Shay agree with this answer

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