Full question:
My grandmother left equal shares in her property to me and two other cousins. One of them had gone to Russia 4 years back. Six months after he reached Russia, we stopped getting calls from him. Our family has been trying for the past three and half years to trace him with the help of police and private detectives, but did not get any information about his whereabouts. What will happen to his share now?
- Category: Wills and Estates
- Date:
- State: New York
Answer:
In New York, a person who has been missing for three years or more, despite diligent efforts to locate them, is presumed to have died on the date their absence began. This means your cousin may be considered to have predeceased your grandmother, and therefore, he may not receive any share of the property. This is outlined in N.Y. Est. Powers & Trusts Law § 2-1.7, which states:
(a) A person absent for a continuous period of three years, during which they have not been seen or heard from, is presumed dead three years after their unexplained absence began, unless there is clear evidence of an earlier death.
This presumption applies to property rights and estate matters.
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.