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Property willed to a person that is a non-relative, and the…

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Property willed to a person...
Property willed to a person that is a non-relative, and the non-relative is deceased before the will can be executed - is the will still valid.
Submitted: 11 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/12/2017
Real Estate Lawyer: TJ, Esq., Attorney replied 11 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,805
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.
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Real Estate Lawyer: TJ, Esq., Attorney replied 11 months ago
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.The fact that the beneficiary predeceased the testator does not affect the validity of the will. The will is still valid (assuming of course that there is no other reason to invalidate it). However, most wills have a provision regarding what happens in this scenario. Accordingly, you will have to review the will to see if it states anything about what happens to the property if the beneficiary is predeceased.If the will is silent on this issue, then the property goes to the residual, and the will should have a provision which states what happens to residual property. In other words, who gets property that is not already specifically stated to go to a particular person.If the will is silent even on that, then the property will be distributed by intestate succession laws. Generally speaking, this means the spouse, if married, or the children will get the property.Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)
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Real Estate Lawyer: TJ, Esq., Attorney replied 11 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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