Newton Center, MA asked in Probate for New York

Q: Does pretermitted children include unborn nieces and nephews at time of the will or just children of the testator?

The decedent did not have any children of his own. He created a will in 1971 (NY) and it included his nieces and nephews at the time but additional nieces and nephews of the same family units already included in the will were born after 1971 and his will was never updated to include them. Are these nieces and nephews entitled to an equitable portion of their siblings inheritance under the will?

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1 Lawyer Answer
Bonnie Lawston
Bonnie Lawston
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: It depends on the language and intent of the testator if the additional Nieces and nephews take.

Tim Akpinar agrees with this answer

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