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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29118
Experience:  30 years experience in the practice of estate law.
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My mom left her estate to my brother and I she had a will my

Customer Question

my mom left her estate to my brother and I she had a will my brother passed away before her . do receive his share or does his wife .
JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Estate Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: every thing was left equally too my brother and I . Home insurance every thing . does my sister In law receive my brothers half.
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: we live in Mo.
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Submitted: 7 months ago.
Category: Estate Law
Expert:  Loren replied 7 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.Unless the will states otherwise, the Missouri anti lapse statute would apply and the deceased brother's share would go to his children, if any, to share between them, or to you, if there are no children. His wife would not generally receive his share, unless the will specifically provided for her in that situation.This is the Missouri statute:474.460. When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he predeceased the testator, leaving lineal descendants who survive the testator by one hundred twenty hours, the descendants shall take the estate, real or personal, as the devisee would have done if he had survived the testator by one hundred twenty hours.
Expert:  Loren replied 7 months ago.
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