Q: Should my deceased brother's name be removed from mother's will?
My brother died five years ago, but he is still named in my mother's will. He was my only sibling and everything was to be split between the two of us. My brother was married, but he had no children. When my brother died everything he had went to his wife, who recently passed away. She had children from a prior marriage and everything she had was split between her children.....Since my brother died five years ago and his wife has also died, is it necessary to remove his name from my mother's will? We've been told that it is not necessary and everything will automatically go to me since he is deceased. Do you agree with that?
A: Although that is probably correct, to give a definitive answer a lawyer would have to review the Will. However, even if it is correct, if your mother is doing okay, it probably makes sense to re-write the Will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
