Brush, CO asked in Estate Planning for Colorado

Q: My mom passed away in 2020. She had a sizable estate and a number of beneficiaries.

Her will stipulates that if any of her children passes away before the final distribution is made, that child's share is divided among the remaining living beneficiaries. Is it possible to put a provision in my will so that if I die before the final distribution is made, my share will go to my husband and/or children, rather than to my siblings?

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3 Lawyer Answers
Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Estate Planning Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Your will can not override her will.

1 user found this answer helpful

Boe Lynn Bowen
Boe Lynn Bowen
Answered
  • Estate Planning Lawyer
  • Houston, TX

A: Yes! It is very common to do so in Texas.

Boe Lynn Bowen
Boe Lynn Bowen
Answered
  • Estate Planning Lawyer
  • Houston, TX

A: You can prove that your kids can get your stuff that way but not change yours moms will.

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