What to do if my father’s Will states that my sister and I are to divide his estate 50/50 but she just passed away?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my father’s Will states that my sister and I are to divide his estate 50/50 but she just passed away?
My father is still alive. Do her heirs now get her share of the estate if the Will is not changed?
Asked on April 18, 2015 under Estate Planning, Indiana
Answers:
Christine Socrates / Christine Sabio Socrates, Atty at Law
Answered 9 years ago | Contributor
The answer depends on what is stated in the will. The will should state what happens to her share if she predeceases your father. It may use the term "per stirpes" which means it would pass to her heirs or "per capita" it would pass to the remaining surviving beneficiaries.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.