Postdecease

It will be noticed too that in a case between separated brothers and their sons, the latter do not represent their predeceased father in succession to his post-deceased brother, or take so long as another brother survives.

His heirs are the defendant Mary Gottbreht, a daughter, the defendants Frank Higgens and Francis Higgens, the husband and daughter, respectively, of a postdeceased daughter, and the plaintiffs Anna Stoll and Loretta Erhart, the daughters of a prior deceased son.

An application by the fiduciaries of the testatrix’ estate for an extension of time to permit the filing of a renunciation on behalf of a beneficiary who postdeceased the testatrix and for approval of same is denied without prejudice to a renewed application on notice to those persons whose interest may be created or increased by the proposed renunciation (EPTL 2-1.11), i.e., the personal representative of the estate of the renouncing party and if there is no fiduciary, the renouncing party’s distributees, since they may be prejudiced by approval of the application.

This petition alleged simply that Schuppler and Wolf were “heirs at law of Williams Edwards;” in actuality, Schuppler is the sole heir of Wolf, who postdeceased Edwards.[…]The claim of Viktoria Fleischmann, sole heir of original would-be intervener Hans Fleischmann (who postdeceased Edwards) was also properly accepted on this ground as to Hans’ one-fourteenth share.

Non-Uniform Probate Code state law may vary with respect to the ability to disclaim on behalf of an incompetent or postdeceased beneficiary.

The decedent Nicholas R. Doman (hereinafter Nicholas) and his postdeceased second wife Judith N. Doman (hereinafter Judith) entered into a postnuptial agreement (hereinafter the agreement) dated November 23, 1998.

Subsequently, Ann postdeceased Carl on October 31, 2008.