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

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. 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. Ordinarily to his estate.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  3. 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.


  4. 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 successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900


  5. 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.


  6. 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.


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

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