If you inherit money but die leaving it in the other person’s estate, does it still subsequently go to your estate?

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If you inherit money but die leaving it in the other person’s estate, does it still subsequently go to your estate?

My father died 2 years ago leaving everything he had to my stepmother. She has 2 children (not my father’s). She died without taking certain accounts out of my dad’s estate. In other words my dad still has an estate. Her 2 children claim that what is left of my father’s estate should go to them. Shouldn’t it now go to his own children?

Asked on July 2, 2011 under Estate Planning, New York

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation.  I am assuming that your Dad had a Will that left everything to your step mother.  Did the Will go through probate?  Did you by any chance contest the Will if you were left nothing (you have to specifically disinherit a child in New York)?  When you say that she did not take "certain accounts out of your Dad's Estate" do you mean that she was to distribute certain funds elsewhere than to herself?  You need to seek legal help here as soon as you possibly can.  I fear that they are correct: if everything was left to her and she passed away then everything goes to her children.  Please take all the documentation to an attorney to review.  Good luck.


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