Payment to a DEAD person?

[Rogers Daughter]

What is the name of your state? Minnesota

My stepmother passed in March of this year. Her estate is not settled yet.

Last month her daughter, Jennifer,(my stepsister), died in Florida. Jennifer left no will. Since then, my stepbrother had all legal rights to Jennifer's estate transferred over to himself.

Now, he has her estate petitioning my stepmother's estate to still pay Jennifer's share. In other words, my stepbrother would get both his and his sister's shares!

Must my stepmother's estate pay to a dead person?

Also, can I petition Jennifer's estate as her stepsister?
Thank you.

 

[Dandy Don]

Did the stepmother leave a will?

If so, do you have a copy of it? Do you know for sure whether Jennifer was named as a beneficiary in that will?

 

[Rogers Daughter]

Yes, stepmother has will naming her children, (including Jennifer), and my father's children

 

[Dandy Don]

If the will uses the phrase "per stirpes", then Jennifer's portion could go to her estate/children, but if not, then it would seem that this would not happen. A probate attorney would need to review the exact language used to help you get your specific questions answered.

 

[Rogers Daughter]

Thank you!

 

[lwpat]

In the meantime you need to contact the probate court in Florida and get a copy of Jennifer's probate file. Your stepbrother has probably filed to be executor of the estate and you or someone else in the family may want to contest his appointment.

In some states you must be a resident to be the executor so you would need the advice of an attorney. He would need to see the probate files on both parties. Having them with you at the consultation will allow him to answer your questions.