• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What constitutes a survivor in a will?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Roscoe1

Junior Member
Indiana What is the name of your state (only U.S. law)?
My parents were named in a family friends will, it lists both their names or survivor to them. They are both deceased would survivor to them mean children?
 
Last edited:


anteater

Senior Member
... it lists both their names or survivor to them.
Does it perhaps actually say "... to the survivor of them?"

If you want a definitive answer, arrange a consultation with a probate attorney who can read the entire document.

If you'll settle for semi-informed speculation, my guess is that the clause makes a bequest to both of your parents or, if one of your parents passes away before the friend, to your surviving parent. Unless there is some language covering the possibility of both of your parents predeceasing the friend, then the bequest would lapse and become part of the residuary of the probate estate.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top