3 heirs or 2

[white180]

We live in New York. My mother-in-law died 8 years ago. Her will specified that all assets be divided among her 3 children. In the event any child predeceased her, then the estate would be divided between surviving children. If all 3 children predeceased her, then estate is divided among all grandchildren. All assets except one (real estate) was divided among the 3 children. Now, we are finally selling the remaining asset, but 1 of the 3 children has since died. Would the proceeds from the real estate sale be divided between the 2 living children or does a third of the proceeds have to go to the estate of the child that died?

 

[ALawyer]

iT GOES TO THE ESTATE OF THE CHILD THAT DIED ASSUMING THE DEATH OCCURRED MORE THAN A SHORT TIME (usually a few days) after the man death. The law does NOT reward delay.