How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37002
Experience:  Texas lawyer for 30 years in Estate law
8534270
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

My dad's will says, split everything but my two sisters

Customer Question

My dad's will says, split everything but my two sisters passed away, does it go to me?
Or my sisters kids and me.
Submitted: 8 months ago.
Category: Estate Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You need to review the will here to see, if it states that if the sibling predeceases if the remaining assets per stirpes--to her kids equally or to the the survivor of the three of you here.

Sample

“If my daughter Allison R. Meyer doesn’t survive me, her share of my estate shall go to her son, Colin S. Henry. If my son Paul L. Meyer doesn’t survive me, his share of my estate shall go to Allison R. Meyer.”

If nothing is mentioned about this in the will the share for each sister passes to their estate and then to their heirs under their will or under that states laws of intestacy if there is no will.

Expert:  RayAnswers replied 8 months ago.

The only way you get the sisters share is if the will specifically states that in the event that the sisters predecease then their share passes to you or something similar.Otherwise their share goes to the children of the deceased sister.

Thanks again for the chance to help tonight.

Expert:  RayAnswers replied 8 months ago.

Look for something like this..

V. ALL REMAINING PROPERTY; RESIDUARY CLAUSE: I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, to my children per share, but if any child predeceases me, then his or her share will pass, per share, to his or her lineal descendants, natural or adopted.or it can say it passes to the surviving siblings--then it passes to you as survivor.

Customer: replied 8 months ago.
It doesn't say anything about siblings or predeceased.
Expert:  RayAnswers replied 8 months ago.

Then the share goes to sisters estate and legal heirs.If no estate they have to open one to receive the share.

I am not yet set up for phone calls.I can do unlimited online here will send you the offer.

Customer: replied 8 months ago.
He is still living can he still change his last will and testament?
Expert:  RayAnswers replied 8 months ago.

Oh if he is still living he certainly can do that.A new will is a good idea.

Expert:  RayAnswers replied 8 months ago.

Free forms here..

https://www.ilrg.com/forms/lastwill-single-ac/us/il

New will revokes prior wills here and solves the problem.Thanks again.

Expert:  RayAnswers replied 8 months ago.

If you can positive rate it is always much appreciated.

Related Estate Law Questions