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Can I claim a larger share of my grandmother's legacy due to an advancement?

Can I claim a larger share of my grandmother's legacy due to an advancement?

Q: What happens if a beneficiary receives an advancement that exceeds their share?

If a beneficiary receives an advancement that equals or exceeds their share of the estate, they are typically not entitled to any further distribution from the estate. This means that if the advancement amount is greater than or equal to their share, they cannot claim additional funds from the estate.

Q: Is a handwritten note sufficient to prove an advancement?

A handwritten note could potentially serve as proof of an advancement if it is signed by the donor and clearly indicates the intention for the gift to be considered an advancement against the beneficiary's share. However, it must meet the requirements outlined in N.Y. Est. Powers & Trusts Law § 2-1.5 to be legally recognized.

Full question:

My grandmother left a legacy of $100,000 to me and my brother. The will stated that it was to be shared equally between us. However, during her lifetime, my grandmother had advanced $10000 to my brother. I personally saw her giving him the money but there is no written record indicating the same. Can I claim a higher share in the legacy?

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

Answer:

In New York, an advancement is only recognized as a partial or complete satisfaction of a beneficiary's share if there is a written record signed by the donor (your grandmother) indicating this intention, or a signed acknowledgment from the beneficiary (your brother) confirming that was the intention.

According to N.Y. Est. Powers & Trusts Law § 2-1.5, an advancement must be proven with a contemporaneous writing signed by the donor or the donee. If such proof exists, the advancement counts as part of the donor's estate for distribution purposes. If the amount advanced equals or exceeds the beneficiary's share, that beneficiary cannot claim any further distribution. If it is less, they can receive their share minus the advancement amount.

Since there is no written record of the $10,000 your brother received, you may not be able to claim a larger share of the legacy based on that advancement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an advancement in inheritance law?

An advancement in inheritance law refers to a gift given by a donor to a beneficiary during the donor's lifetime, which is intended to be deducted from the beneficiary's share of the estate. For it to be recognized legally, there must be a written record signed by the donor or an acknowledgment from the beneficiary confirming that the gift was intended as an advancement. Without such documentation, the advancement may not affect the distribution of the estate.

Can a verbal agreement about an advancement be enforced?

In New York, a verbal agreement about an advancement is generally not enforceable unless there is a written record. According to N.Y. Est. Powers & Trusts Law § 2-1.5, advancements must be documented in writing, either by the donor or acknowledged by the beneficiary. Without this written proof, the advancement may not be recognized in the estate distribution.

What happens if a beneficiary receives an advancement that exceeds their share?

Is a handwritten note sufficient to prove an advancement?

What if there is no written record of an advancement?

If there is no written record of an advancement, as per New York law, it may not be recognized in the distribution of the estate. This means that the beneficiary who received the advancement could still claim their full share of the estate, as the lack of documentation does not support the claim that the gift was intended to reduce their inheritance.