If parents die while my brother is in prison, what happens to his portion of the estate?

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If parents die while my brother is in prison, what happens to his portion of the estate?

Parents are willing to remove him from the Will or re-word the Will so that the tate does not take possession of what was left to him. He will be in prison for 20 years; my parents are in their 70’s and i am the executor.

Asked on June 8, 2012 under Estate Planning, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your parents would like to take him off of the will, then it would be prudent to ensure they amend their estate documents to state that he is deliberately taken out of any inheritance and he will not inherit. This exclusionary clause will avoid any future issues when the wills are probated. If your parents pass away while he is in prision and they have not excluded him specifically from the will, a petition could be made from the prosecution to freeze his assets to pay any restitution owed to victimes, court costs or fees to counsel.


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