Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.
My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my cousin receive his deceased father's portion or do the living brothers split his portion. My cousin is not contacting anything, just want to be sure it's done legally. Assests to be split are less that 30k.
A: I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary (brother), but not aways, if you are unable to determine this upon reviewing the document, you will need a probate attorney to review it, you likely in most cases will need a probate attorney anyway to file probate, in this case since the assets are below $75,000, a Summary Administration will most likely apply and work. Until an attorney reviews the Will, it will be hard to tell you how the distribution will go.
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