If deceased mother’s house sells but 1 of her 2 children listed in the Will has passed, does their share go to their widow?

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If deceased mother’s house sells but 1 of her 2 children listed in the Will has passed, does their share go to their widow?

Asked on May 4, 2012 under Estate Planning, New York

Answers:

Thomas Reilly / Albert W Chianese & Associates

Answered 9 years ago | Contributor

 

If the child died after the mother died and the will gave assets to that child the estate of that child would collect on the child’s behalf.  If the child died before the mother the wording in the will dictates what happens to those assets.  The will may leave assets to the child and if the child pre-decease the mother to that child’s heirs.  OR it may leave it to only children that survive after the mothers death.  You will need to read the will.  If you have any question contact the attorney handling the estate or the probate department of the county where the will is being probated.

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your losses.  If the child has pre-deceased the parent, the Will will generally say what will happen.  So you need to read the parent's Will to find out.  If the child dies after the parents bu before the house sells then the child's Will (or if there is not Will the intestacy statute) will decide how their share will be distributed.  Good luck.


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