brother died. father left him a portion of farm. brother left estate to friends when he died.
Question Details: will states that beneficiary is a survivor unless dies WI/n 30 days of testator. codicil changes beneficiaries to 3. codicil Only mentions that one paragraph in will. that names beneficiaries and the percent they get. In probate they included the beneficiary who died 2 weekns after my brother. codicil only names alternate beneficiary for one of the named. does the survivorhip paragraph in the will apply and is the bene who died share go to the 2 remaining. probate was never finished. what can I do
Wills, Trusts, Probate Law Answers
Typically codicils are additions or addendums to wills and sometimes can serve as an entire replacement. It depends on how the court reads the paragraphs/provisions to determine if they are mutually exclusive and one adds to the former provision or completely replaces it. Without benefit of reviewing the actual language in its entirety, one can surmise that perhaps the provision regarding survivorship of 30 days was due to the testator's (your brother's desire) to not have the gift lapse (fail). So, with the addition of 2 more beneficiaries, the 30 day survivorship paragraph was moot and no longer necessary.
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