What to do if my brother is still named in my mother’s Will even though he died 5 years ago.

UPDATED: Oct 1, 2022

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What to do if my brother is still named in my mother’s Will even though he died 5 years ago.

My brother had no children and his wife died several years ago. My mother’s

estate was to have been split between my brother and me. Since my brother had no beneficiaries, is it necessary to remove his name from the Will? Does his portion automatically go to me when my mother passes away? We’ve been told that his portion will go to me and that there is no need to change the Will to take out his name. Do you agree?

Asked on July 13, 2018 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What you heard is correct. When a will leaves assets to a person and that person predeceases (dies before) the testator (person making the will) and has no issue (children), that person's share instead goes to any surviving beneficiaries named in the will. If you are the only surviving beneficiary, you will automatically get his share.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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