What to do if my brother is still named in my mother’s Will even though he died 5 years ago.
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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