mrs sankofa
Member
What is the name of your state (only U.S. law)? AL
There is some confusion arising about a clause or paragraph stated in a Will of a family member. Could someone give an analysis of what may be the outcome of this? Will was made in 1989.
The testator gave, devised and bequeathed 1/2 of her estate be held and managed by her executor for the use and benefit of her brother for so long as the said brother lived. She asked that the brother be paid $200.00 a month from a Trust. She also stated that if her brother is not living at the time of her death, or upon his death, such share, or any remaining portion thereof, shall be distributed to her nieces, xxx and xxx, share and share alike.
The brother died in 1997. One of the nieces died in 2001. The Testator died in May, 2009. So no monies were ever administered to the brother.
Will the one niece get the uncle's share since he died and the other niece's share too? Doesn't it depend if this same Trust exists?
There is some confusion arising about a clause or paragraph stated in a Will of a family member. Could someone give an analysis of what may be the outcome of this? Will was made in 1989.
The testator gave, devised and bequeathed 1/2 of her estate be held and managed by her executor for the use and benefit of her brother for so long as the said brother lived. She asked that the brother be paid $200.00 a month from a Trust. She also stated that if her brother is not living at the time of her death, or upon his death, such share, or any remaining portion thereof, shall be distributed to her nieces, xxx and xxx, share and share alike.
The brother died in 1997. One of the nieces died in 2001. The Testator died in May, 2009. So no monies were ever administered to the brother.
Will the one niece get the uncle's share since he died and the other niece's share too? Doesn't it depend if this same Trust exists?