What to do if my dad has a Will leaving everything divided equally between myself and my 2 brothers but they are now deceased?

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What to do if my dad has a Will leaving everything divided equally between myself and my 2 brothers but they are now deceased?

Would his children be entitled to their share or be excluded?

Asked on July 16, 2013 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your losses.  How the Will is written will govern how the portion that was to go to your brothers will pass.  Under Kentucky intestacy (the statute that applies when there is no Will) it states that the asset will pass to "children and their descendents" meaning their children.  So I am assuming that the Will follows state law, but it does not necessarily have to.  Read the Will.  Good luck.


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