In nys what happens when one of the named heirs to a deceased person dies prior to distribution of the assets

Asked almost 2 years ago - Albany, NY

my uncle died and left 4 heirs in his will. One of the heirs died prior to final distribution of the assets. How are the assets distributed.

Attorney answers (7)

  1. Frank Louis Buquicchio

    Contributor Level 12


    Lawyers agree

    Answered . Unless there was a provision in the Will regarding survivorship (ie, that a beneficiary must survive me by 90 days) the distribution is to the beneficiary's estatr

  2. Jeffrey Bruce Gold

    Contributor Level 19


    Lawyers agree

    Answered . Ordinarily to his estate.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. James D. Kiley

    Contributor Level 13


    Lawyers agree

    Answered . To the heir's heirs- either pursuant to his/her Will or to his/her heirs at law as defined in NY intestacy statute if he/she died without a Will

    This communication does not create an attorney/client relationship. My firm is a second generation family firm... more
  4. David A. Kubikian

    Contributor Level 8


    Lawyers agree

    Answered . If a beneficiary survives the testator but dies prior to the probate of the will (or final distribution), assuming nothing stating otherwise in the testator's will, that beneficiary's share of the testator's estate will go to his estate and then be distributed pursuant to his own will.

  5. James Maisano

    Contributor Level 3


    Lawyers agree

    Answered . You need to read the will closely. Did he leave the shares per capita or per stirpes? This is a key question that needs to be answered and you may want to discuss with an attorney.

  6. Maria C. Tebano

    Contributor Level 15


    Lawyer agrees

    Answered . They assets will be distributed through the heirs estate.

  7. Joseph Franklin Pippen Jr.


    Contributor Level 20


    Lawyers agree

    Answered . According to the provisions of the deceased person's will or statutory estate plan.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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