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That all depends on the wording in the will.
Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the Survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.
On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.
You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
What else can I help you with?
Where the children leaving the reason why Narnia changed so much and mostly the other cretures died?
No- that was a result of the Telmarine invasion.
Can testator bequeath entire estate to his girlfriend in a will leaving out his wife and children?
No. That is contra bonos mores and against public policy, to give deceased estate to strangers like girlfriend while testator is legally married and has children with his legal wife. His guilty of engaging in extramural affairs. Being married in community of property deceased cannot disinherit his wife and children.
Are the children of their deceased father entitled to monies from his second deceased wife?
No. Generally, heirs-at-law must be related by blood or by legal adoption. Your father's second wife is not related to his children by his first wife. If the children were legally adopted by the second wife then the answer is maybe, depending on the laws of intestacy and whether she had a will leaving her property to someone else. You can check the laws of intestacy for your state at the related question link below.
How many fours go into 31?
7 of them leaving 3 remaining
Is the will opened if only one parent is deceased?
Only individuals have wills. Married couples do not make joint wills. If the father dies, leaving a wife and some children, his will is probated. The wife/mother's will remains in her custody.
Who is the mother of Joaquin Phoenix?
Joaquin Phoenix's mother is Arlyn Dunetz Phoenix. She and Joaquin's father legally changed their surname to Phoenix (from Bottom) after leaving the Children of God religious cult.
Are adult children responsible for dead mothers credit card debt?
No, it would generally be the estate that would have to settle the debts of the recently deceased. However, if the adult children are the heirs, then it would be in their best interests to help the executor repel or challenge any claims made on the estate, leaving more for them to divide.
What are the reasons of children of school leaving before completion of their education in Pakistan?
poverty is the main reason for children leaving the school before completion
What is taking out the highest common factors and leaving the remaining terms in brackets?
well i dont now
What was hard for Christa McAuliffe?
leaving her children
Your father died in 1953 his mother died your grandmother leaving her home to her heirs Would you be considered to be her heir on your fathers share of her home?
If your grandmother died and devised her home to her heirs then you may be entitled to inherit your father's share, whatever that may be, according to the intestate succession laws in your grandmother's state. If he had a spouse she may also receive a portion. If he had no spouse his children would share equally. However, the wording of your grandmother's will may direct who will inherit the share of a deceased child. Property may be devised to a person's children with the share of any deceased child to pass to his own sisters and brothers. Or, property may be devised to a person's children with the share of any deceased child to go to the deceased child's children (grandchildren). You need to check the wording of the will and you may need to check the laws in the state where your grandmother's will is probated.
Recreant in a sentence?
She was a recreant leaving her children behind.
