Q: If a benef survived 107 days after her father, but his Will hadn't submitted yet to probate, does her estate inherit her
portion? Father's will says: DEFINITION OF SURVIVAL =Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until ninety (90) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be deemed to have predeceased me, and shall be treated for all purposes herein as though such person had predeceased me.
A: Yes. Since the beneficiary lived more than 90 days, the estate of the deceased beneficiary will receive the inheritance. You should definitely consult with a probate attorney in the area. I say this because whomever is handling the probate of the father's estate may not understand the law, so having an experienced probate attorney would be incredibly helpful.
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