Will names beneficiaries but does not specify how to divide assets

[bobterry99]

The state is Indiana.

My sister has created a will for my mother from a template she downloaded from the Internet. It is very simple -- perhaps too simple. It states essentially:

I give all of my property, whether real or personal, wherever located, to my children Robert and Rebecca, or if not surviving, to my grandchild Katherine.

While the will names beneficiaries, nowhere does it specify in what proportions assets shall be divided between the beneficiaries.

Question: my mother's intent is for her estate to be divided equally between my sister and me; therefore, shouldn't there be a statement saying so? Or, by omission, is it implied that the proportion is 50-50?

Thanks.

 

[OHRoadwarrior]

Are you both in agreement or contention? Any other kids or a spouse?

 

[bobterry99]

Are you both in agreement or contention? Any other kids or a spouse?

My sister and I dislike each other intensely, and she refuses to discuss the will with me...(!) She has a husband.

I note that she is the will's Executor.

Thanks.

 

[Zigner]

My sister and I dislike each other intensely, and she refuses to discuss the will with me...(!) She has a husband.

I note that she is the will's Executor.

Thanks.

Another thing to consider is what happens if only one sister dies before mom...

 

[Ohiogal]

So is your sister an attorney? If not, she is practicing law without a license.

 

[bobterry99]

Sister revised the will

My sister finally responded to my request to explicitly state that my mother's estate shall be divided equally amongst the beneficiaries, so my original question is moot now.

Thanks to those who replied.