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3 heirs or 2

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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?


Senior Member
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.

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