Q: My father passed and we live in ohio. The will was to be divided equally between my brother and I. My brother died.
The will stated that if my brother "or" I proceed him in death then "all" the estates goes to my oldest son. This was not dad's intention. I took care of him for the last 8 years. He did not want my brother's daughter to inherit as she is a drug addict and has been in and out of prison for the last 20 years. Will this language protect the estate and does it all go to my son?
A: It is a matter of interpretation by the probate judge. It sounds like the intent of the Will was to say that if either of you died, then your son takes that 1/2 share. It does not sound like the intent was that if your brother died, that you will also lose your share. It would be up to the judge to interpret the Will if it is not clear.
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