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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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N Ontario -mother dies - son dies 2 days later. the will

Customer Question

n Ontario -mother dies - son dies 2 days later. the will says TO PAY G1VE AND TRaNSFER alll the rest, remainder and
residue of my estate equally between my son xxx
and my daughter xxxxx. Does the son's estate inherit 50%
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Ontario Canada
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you think the lawyer should know?
Customer: No other beneficiaries, son died intestate
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

I am sorry for your loss.

Is that the only wording in the Will? Does it have the phrase "per stirpes" or "issue"? Or does it actually specifically use the wording you provided in your post?

Customer: replied 4 months ago.
Exactly as presented - no per stirpes or issue
Expert:  Legal Ease replied 4 months ago.
If you are certain that is the case then the entire estate goes to the daughter.The gift to the son failed.Had she used different wording then any children that the son had or grandchildren the son had would have inherited that half of the estate.Does that answer your question?Please feel free to reply back and ask any follow-up questions you may have. If you do not have any follow up questions please rate me and I hope that I have earned a five star rated but if you feel that I have not don't hesitate to let me know what more I can do to better assist you. Finally, please know that even after you rate me I will be here for you and if you have any follow-up questions you think of later on you can still ask them at no further charge.
Customer: replied 4 months ago.
Given that he died 2 days after the mother doesn't this mean that his estate gets the money? I was first told the gift failed and then told that his estate inherits. Thx
Expert:  Legal Ease replied 4 months ago.

I am so sorry. I was answering on my iphone and misread the post.

I thought he died first.

He inherited before he died so half the estate goes to his estate.

I am so glad you posted back to question my answer.

Expert:  Legal Ease replied 4 months ago.

Do you need any more help from me at this point?

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