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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My Uncle passed in 2002, and my Mother was the executer of s

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My Uncle passed in 2002, and my Mother was the executer of his will. His divorce decree stated that fifty percent of the sale price went to him. The will stated that his siblings would receive his share of the sale of his home. My mother was the last to pass and I am the only heir to her estate. Is this money mine or should I divide it between the other siblings? I am the executer of my Mother's estate.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If your uncle named his siblings to receive his share of the home, and one or more of them died before he did, the funds from the sale will go to the survivor beneficiary/ies (which would have been your mom....if she was the only living beneficiary at the time of your uncle's death).

Expert:  Roger replied 1 year ago.

That is the case.....SUBJECT TO the terms of the will --- as it could direct that someone else is to receive that interest, etc. If so, that would control.

Expert:  Roger replied 1 year ago.

Also, if your state has an anti-lapse statute, that could apply. If you'll let me know what state you're in, I'll see what the law is there.

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