Anti-Lapse?

[christiegirl00]

What is the name of your state? New York

If my grandfather’s will and trust for his house named my aunt & my dad (my grandfather’s children) as the beneficiaries but my dad passed away in 2017, would his half be split between myself & my siblings or would that also include my grandfather’s other grandchildren from my uncle who was not named in the will & also passed away in 2014? My grandfather passed away in 2019. Thank you.

 

[LdiJ]

What is the name of your state? New York

If my grandfather’s will and trust for his house named my aunt & my dad (my grandfather’s children) as the beneficiaries but my dad passed away in 2017, would his half be split between myself & my siblings or would that also include my grandfather’s other grandchildren from my uncle who was not named in the will & also passed away in 2014? My grandfather passed away in 2019. Thank you.

You are going to need to consult a local probate attorney. Its possible that you and your siblings could inherit your father's half, or its possible that it could all belong to your aunt. A local attorney is in a better position to review the documents and interpret them according to NY law.

 

[christiegirl00]

You are going to need to consult a local probate attorney. Its possible that you and your siblings could inherit your father's half, or its possible that it could all belong to your aunt. A local attorney is in a better position to review the documents and interpret them according to NY law.

We had our initial meeting with the attorney and he mentioned perhaps the other half being split between all the grandchildren (including my cousins) but everything I’ve read regarding the NY 3-3-3 anti-lapse law states it would just be between myself & my siblings (the deceased beneficiary’s children) so I was confused why he mentioned my cousins. We intend to ask for more clarification at our next meeting, was just hoping to get a little more information ahead of time, thanks.