Lemoyne, PA asked in Estate Planning and Probate for Pennsylvania

Q: sister in her will gives all to brother only. He dies before her. He has 3 children. Does it go to children?

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3 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Depends on the wording of the bequest. Was it to her brother and ONLY her brother? Then maybe not -- it sounds like the bequest then would 'fail' and as a defective gift, the property would pass to the residuary beneficiary -- and if none is listed then it goes to her heirs at law.

Does it say 'to her brother per stirpes'? Then it would go to HIS heirs.

Does it say something else? We'd need to see the actual document to make a real opinion!

Bottom line, you need to hire a local probate attorney to review ALL the documentation to get a real opinion on what should happen here, but it is NOT clear from your facts what should happen.

--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice you should consult with a local attorney. I am licensed to practice in Michigan only.

Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: A lawyer would have to review the Will to answer this question.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Depends on who else is left in the family, many other things. If there is a will it has to go to probate and interested parties should be notified, and that includes any family members of the deceased. The will has to be filed so if you can't otherwise get a copy look at & copy the will filed with the Court.

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