New York, NY asked in Family Law, Estate Planning and Probate for New York

Q: My sister left mutual fund money to my mother but my mother’s death preceded the death of my sister. My sister’s husband

also died and before that his brother was appointed his guardian as he had dementia. Am I entitled to this money or should it go to my sister’s husband’s family? This happened in New York City.

1 Lawyer Answer
Marco Caviglia
Marco Caviglia
  • Probate Lawyer
  • Lagrangeville, NY
  • Licensed in New York

A: The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets the fund or it reverts to the residuary clause. If there is no will, the estate is addressed through the laws of intestacy. You should consult an attorney to get specific answers.

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