What happens if a Beneficiary of a Will is deceased?
Question:
Category: Probate, Trusts, Wills & Estates
Location: New Jersey
Location: New Jersey
Question: My wife is the executrix of her deceased mother's estate. The will states that her house is to be sold, and the proceeds of the sale divided equally between her 5 children, or their heirs. If one of the male children is deceased, does his share go to his wife or his children?
Your Reply: The exact language of the Will controls. If the Will states "to my children, x,y,and z PER STIRPES" then your deceased brother-in-law's children would receive his share. You should have the estate lawyer review the Will to give your wife the appropriate guidance. I hope this helps! Ron Cappuccio www.SaveYourEstate.com 856 665-2121
Labels: decedent, estate planning, per stirpes, probate
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