Are my cousin's heirs entitled to her share of the property?

Full question:

My grandmother passed away a week back leaving her property to me and my cousin. At that time my cousin had gone to Africa on a work assignment. Three days after my grandmother’s death, we got news that my cousin was killed in a fire accident. We received her body yesterday. Are her heirs entitled to her share of the property?

• Category: Wills and Estates
• Date: 04/07/2025
• State: New York

Answer:

In New York, the distribution of property through a will depends on whether the beneficiaries survive the testator (the person who made the will). If a beneficiary dies within one hundred twenty hours (five days) of the testator's death, they are considered to have predeceased the testator. This means that your cousin may be regarded as having died before your grandmother, which would prevent her share of the property from passing to her heirs.

The relevant law is found in N.Y. Est. Powers & Trusts Law § 2-1.6. It states that:

• If it cannot be proven that a beneficiary survived the testator by one hundred twenty hours, they are deemed to have predeceased the testator.
• This rule applies to the distribution of property when multiple beneficiaries are involved.
• There are exceptions if the will explicitly states different survival requirements.

In your case, since your cousin died three days after your grandmother, she is likely considered to have predeceased her, meaning her heirs would not inherit her share of the property.