What are the rights of a deceased heir?

Question Details:

I am the executor of my fathers will. He left very basic instruction that after his final expenses and mine, that the rest of his estate should be split evenly between his eight children. My brother died two weeks before my dad. Does his widow inherit his share or do the proceeds get split between the seven surviving children?

Asked 10/19/2009 under Wills, Trusts, Probate | 392 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Christine Socrates / The Law Office of Christine Sabio Socrates, Attorney At Law Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Ohio

Whether your brother's widow inherits his share depends on what the will says.  There should be a provision for what happens if a beneficiary predeceases him.  You can have an attorney interpret the will if it is not clear.  If you need further assistance, you can contact my office at http://www.socrateslegal.com.

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