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10/11/2018
VerifiedHello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?
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Hi, are you in the US?
Richard V, Barrister
Category: UK Law
Satisfied Customers: 21
Experience: San Diego, CA (US) at Advisor
VerifiedIf your step mother passed away before your father and she was a beneficiary under his will, then your step mother (or her estate) is likely not to benefit from your father's estate as the gift will lapse, however, this is subject to the terms of the will. The will could specify what happens, for example, 'if my wife shall pre-decease me then her share of my estate shall pass to her children in equal shares'. If the gift does indeed lapse it would fall into the residue of the estate, which may mean it passes to the surviving residuary beneficiaries who receive the remainder of the estate (after paying debts and . So if there are three beneficiaries instead of four, then the beneficiaries may receive a third each rather than a quarter. However, please note that it completely depends on the wording of the will and it must be carefully reviewed and considered. Just Answer is only able to provide guidance based on the facts provided and therefore in this case you should take a copy of the will and details of the matter to a solicitor to obtain legal advice before taking any further steps.
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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.
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