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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41520
Experience:  Texas lawyer for 30 years in Estate law
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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: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year 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.


“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 1 year 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 1 year 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 1 year ago.
It doesn't say anything about siblings or predeceased.
Expert:  RayAnswers replied 1 year 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 1 year ago.
He is still living can he still change his last will and testament?
Expert:  RayAnswers replied 1 year ago.

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

Expert:  RayAnswers replied 1 year ago.

Free forms here..

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

Expert:  RayAnswers replied 1 year ago.

If you can positive rate it is always much appreciated.