Q: My mother died nearly 24 years ago she is now named in her brother will. I am the only child am I entitled to her share?
My mother had other siblings that are named along with her. Her brother was of sound mind and knew my mother died over 20 years ago. My mother had a husband at the time of her death. Is he entitled? Thanks
A: My guess is that her brother's siblings would inherit before you unless the will states otherwise. Sometimes, wills state that if a sibling is deceased, that person's heirs get their share.
A: It definitely depends what the Will itself says. Sometimes a deceased beneficiary's share does pass to his/her children. Other times it can lapse and in effect pass to the remaining named beneficiaries. It truly depends on how the will is worded. When the estate goes through probate you will be notified if you are a beneficiary.
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.