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.
Elder Law Attorney
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
Lawsuit / Dispute Attorney
Ordinarily to his estate.
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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 action is to have legal representation in this matter.
Real Estate Attorney
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
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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.
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.