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How a will is administered if one of the beneficiaries has predeceased the testator?
Wiki User
∙ 15y ago
A properly drafted will gives instructions in that situation. If not there may be a statutory provision that will pass the legacy on to the the heirs at law of the deceased beneficiary. If none of that happens the legacy will lapse and become part of the residue of the estate. In a properly drafted will a residuary clause directs how the residue (any property not specifically devised) will be distributed. If there is no residuary clause the remaining estate will pass as intestate property according to the laws of intestacy in your state.
Wiki User
∙ 15y ago
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What is the effect in a will when an aunt dies and has 3 beneficiaries one is a sister who has predeceased her?
When a devisee in a will dies before the testator and the will has not been amended the language in the will must be examined to determine who is to receive the deceased sister's share. The will may direct that her share will pass to her children, to her siblings or back into the residuary of the estate. You should seek the advice of a probate attorney in your area.
What is right of representation in a will?
'Right of Representation' distribution under a will means that the children of the beneficiary stand in for any beneficiary who predeceased the testator. It is also referred to as 'Per Stirpes" distribution. If the testator wants the legacies provided in the will to be distributed by right of representation it must be clearly stated in the will.For example, suppose William died and in his will he left all his estate to his two children, Judith and Elizabeth per stirpes. At the time of William's death Elizabeth had already died leaving two children. William's estate would be divided in half and one-half would go to Judith and one-half would be divided between Elizabeth's children.Suppose William died with no children and left his estate to two of his three sisters per stirpes. If one sister had predeceased William, her share would automatically go to her own children.If the right of representation is not set up in the will and a beneficiary has predeceased the testator the gift would lapse and become a part of the residuary estate. Generally, if no residuary beneficiaries are named then that part of the estate would be distributed according to the state laws of intestacy. You can check the laws of your state at the related question link provided below.
The Executor has read and divulged the contents of a Will to beneficiaries while the testator still lives. What should we do?
That is an inexcusable breach of confidentiality. The breach should be reported to the testator so she/he may have the option to amend the will and name a new executor. In fact, the testator should name a new executor since that one has proven by their actions they are not trustworthy.The beneficiaries should know that a will can be changed by the testator at any time prior to their death and doesn't become effective until the testator has died and the will has been submitted for probate and allowed. If the will has not been changed at the time of death to name a new executor, objections should be made to the appointment of that executor and someone else should petition to be appointed. The evidence that the named executor breached the confidentiality of the testator by revealing the contents of the will should be brought forth at that time as evidence that they cannot be trusted.
What if your deceased brother is entitled to half of parent's estate?
If the estate was left to two sons and one predeceased the testator, his share would pass to his next of kin according to the laws of intestacy unless other provisions were made in the will. You can check the laws of your state at the related question link provided below.
What called a will that is in one's own handwriting?
A will that is in the testator's own handwriting and signed by the testator is called a holographic will.
If there are two beneficiaries and one predeceases the NY annuity owner's death who gets the proceeds?
That really depends on the arrangements made by the annuity owner. You need to check the records of the company that holds the annuity account. The company should be informed of the death of the owner and that one beneficiary predeceased the owner. You need to know what arrangements were made.
Which one of William Shakespeare's children preceded him in death?
Shakespeare's only son, Hamnet, predeceased him.
What happens when one beneficiary dies only months after the testator and will states other beneficiaries should then split if prior to taking under the provisions of the will?
The will is executed as written. Depending on the wording, their inheritance may go into their estate. Or it could then go to their issue. Or be split among the survivors. Consult a probate attorney.
What does per stirpes mean?
Per stirpes is a legal term that determines how an estate or inheritance is divided among a deceased person's descendants. It means that each branch of the family receives an equal share of the inheritance, with the share of a deceased descendant passing to their own descendants. It ensures that each line of descendants receives a fair share based on their relationship to the deceased.
What happens if an irrevocable trust was left to 7 beneficiaries but owner of the trust before his death quit claimed property to only one?
If the trust was set up as a testamentary trust the testator could have conveyed any property that she owned prior to her death. In that case the property would not become part of the estate nor part of the trust upon her death. There are many cases where a testator devised property in an outdated will that she no longer owned. That land is gone. It was not part of the trust property.
Can an executor bring suit on behalf of an estate presenting only the will before the will is probated because probate is expensive and time consuming?
This can be possible if the executor can show evidence that the beneficiaries of the will would be the same even if the testator had died intestate (without a will). Or, if all interested parties to the will come to a written agreement and accepts the will as it is written and no one contests the will.
What happens when one of two beneficiaries dies before claiming the money in il?
When a beneficiary dies before a testator there are two things that can happen--either the gift will lapse, meaning that it will not pass to them but will stay with the estate or the gift (in this case money) will go to the family of the now deceased beneficiary. Whether one happens over another will depend on the wording in the will and the nature of the gift
