Do the siblings of named benefactors in a will have entitlements if the named benefactor is no longer living?

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Do the siblings of named benefactors in a will have entitlements if the named benefactor is no longer living?

Asked on June 11, 2009 under Estate Planning, Minnesota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This depends on a number of facts that you haven't given, and the first and most important part of that is what the will itself says.  There are also some variations in probate law, from state to state, and I'm not a Minnesota attorney.  So, you need to take a copy of the will to a lawyer in your area, for reliable advice based on the entire situation.  One place to find counsel is our website, http://attorneypages.com

Some of the other things that can affect this, include the relationship between the person named in the will, and the person who made the will.  If the person named in the will had children, or a surviving spouse, they would probably take precedence over siblings.


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