Tewksbury, MA asked in Estate Planning, Family Law and Probate for Massachusetts

Q: Does my grandfather's will leave everything to me and exclude my cousin?

My grandfather had a wife and 3 children. In his will his wife gets 100% unless she dies. Then it states that child A gets 1/3, child B gets 2/3, and child C is excluded from any inheritance on purpose. Child A is decieced, leaving behind me, his son. Child B is deceased with no children. Child C is excluded but also leaves behind 1 son, my cousin. Does my cousin have a stake when my granfather dies or is he technically excluded too.

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: First of all until your grandfather dies he is able to change his Will if he is competent to do so. The language of the Will would be examined to determine who the devisees are and there are also the heirs who would receive notice so that a contest may occur. Without seeing this instrument it is not possible to tell whether child C's son is excluded as well. There can also be residuary clauses which address what is to happen if a devisee fails to survive the testator.

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