Altadena, CA asked in Estate Planning and Probate for New York

Q: If a will indicates two beneficiaries, who both predecease the testatrix, who is the lawful distributee?

B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA

A: The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the attorney read the will. Best wishes.

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