Will, and death of beneficiary

[mike13]

What is the name of your state (only U.S. law)? Penna. My wife and I made a will at least 10 years ago. We had two children, Michael about 25 years old, and Kerry about 24 years old. Basically it said if I die first, everything goes to my wife Sarah. If she dies first, everything goes to me . If we were to both die at the same time, car accident etc. the estate would be split between the two children. Now my son Michael, died May 20, 2013. I have NOT changed the will yet. So, the question is, if my wife and I should die at the same time, would our daughter, Kerry get everything, or would she still only get 50% , and the other 50% that my son should have received, go to his 8 year old daughter Brianna. My son Michael was divorced from his wife Julie, about 5 years ago. But I would hope that his daughter Brianna, my granddaughter, would get his share. Thank you, Mike Wargo

 

[anteater]

Condolences on the loss of your son.

What happens to the share that your son would have received depends upon the language in your will. Well-written wills will state explicitly what the testator wants to happen if one of the intended beneficiaries predeceases. Does your will have any such provision? It might be as simple as tossing in the phrase per stirpes. Or it might specify that the intended beneficiaries must survive the testator.

If the will is absolutely silent on the question, then PA's anti-lapse statute would govern and your son's issue would stand to inherit what your son would have.

§ 2514. Rules of interpretation....

(9) Lapsed and void devises and legacies; substitution
of issue.--A devise or bequest to a child or other issue of
the testator or to his brother or sister or to a child of his
brother or sister whether designated by name or as one of a
class shall not lapse if the beneficiary shall fail to
survive the testator and shall leave issue surviving the
testator but shall pass to such surviving issue who shall
take per stirpes the share which their deceased ancestor
would have taken had he survived the testator: Provided, That
such a devise or bequest to a brother or sister or to the
child of a brother or sister shall lapse to the extent to
which it will pass to the testator's spouse or issue as a
part of the residuary estate or under the intestate laws.

 

[richard johnson]

What is the name of your state (only U.S. law)? Penna. My wife and I made a will at least 10 years ago. We had two children, Michael about 25 years old, and Kerry about 24 years old. Basically it said if I die first, everything goes to my wife Sarah. If she dies first, everything goes to me . If we were to both die at the same time, car accident etc. the estate would be split between the two children. Now my son Michael, died May 20, 2013. I have NOT changed the will yet. So, the question is, if my wife and I should die at the same time, would our daughter, Kerry get everything, or would she still only get 50% , and the other 50% that my son should have received, go to his 8 year old daughter Brianna. My son Michael was divorced from his wife Julie, about 5 years ago. But I would hope that his daughter Brianna, my granddaughter, would get his share. Thank you, Mike Wargo

First of all I am sorry to hear this. May God give you patience.
I will suggest you that you should change your will and make it simple as everything looks simple and should easily follow. On the other hand, if your son died, then his property will be transferred to his duaghter.

 

[mike13]

Thanks for the replies. I do not know the exact wording of my will. I do plan to change it soon. My concern is that my wife and I are driving to Florida for a month, from Pa. this Sunday, and I was worrying about what would happen if we were both killed in a car crash . I have to adjust the will when we return. Thank you for understanding. Mike Wargo

 

[Zigner]

Thanks for the replies. I do not know the exact wording of my will. I do plan to change it soon. My concern is that my wife and I are driving to Florida for a month, from Pa. this Sunday, and I was worrying about what would happen if we were both killed in a car crash . I have to adjust the will when we return. Thank you for understanding. Mike Wargo

What would you WANT to happen?

 

[mike13]

What would you WANT to happen?

Thanks for the reply.
Since my daughter and I have not spoken in many years. I would hope that my son's daughter, Brianna would inherit his share of the estate, instead of Kerry (my daughter) getting everything. Thanks, Mike Wargo

 

[Zigner]

Thanks for the reply.
Since my daughter and I have not spoken in many years. I would hope that my son's daughter, Brianna would inherit his share of the estate, instead of Kerry (my daughter) getting everything. Thanks, Mike Wargo

You definitely want to review your will. If the will is silent on the matter, then your state's laws will rule and it sounds like you're in good shape. Seek local counsel.

 

[OHRoadwarrior]

Clarification is very important in a will otherwise it can be interpreted incorrectly or by action of law. All potential heirs should specifically be mentioned even if it to say you intentionally made no provision for them or leave them $1. You should also note whom you wish the court to be named executor and your final wishes on disposition of your remains. Some states allow, by action of statute a declaration of how your remains are to be handled. Further, you should update all bank accounts with survivorship and update beneficiaries on insurance and retirement policies so they avoid probate.

 

[t74]

Remember that there are issues with a minor receiving an inheritance. You need to discuss how and who you want to be responsible for distributing her inheritance to her. I, for example, have educational trusts for grandchildren that are funded upon our deaths with a child other than a parent as trustee; the funds can be used for a wide variety of educational expenses not just college and graduate school. There are other options so be sure to guide you attorney on how you want her to benefit and who you want to be responsible.

 

[mike13]

Thanks everyone for your replies. I need to see our attorney when we get back and change the will. Mike