Madisonville, KY asked in Estate Planning for Kentucky

Q: I am 1 of 5 people named in a relatives will as beneficiary .the will plainly states that it will be decided

The will lists by name 5 of us and states that if any are deceased that share goes back in to be split between the ones living. One of the 5 died after the person making the will and the will was still in probate. So what should happen to that 5th person who is deceased's share. Does it go back in as stated in the will or does any family members have claim to that share?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL

A: Normally statutes of this nature make a distinction between the situation in which the heir dies BEFORE the decedent and the situation in which the heir dies AFTER the decedent. If the heir died AFTER the decedent (the person who made the will), normally the heir's estate (or that person's next of kin) would inherit.

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