What happens when the beneficiary under a Will predeceased the maker of the Will?

UPDATED: Apr 4, 2013

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What happens when the beneficiary under a Will predeceased the maker of the Will?

My father passed away 18 months ago. His uncle died this past month and my father is listed in his Will. Is it true that since my father preceaded him in death that his share has “lapsed” and my siblings and I will receive nothing from our great uncle?

Asked on April 4, 2013 under Estate Planning, Indiana


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

You need to obtain a copy of the will to determine what the language says as  to the gift by the great uncle, should your father predecease him. If the will has been filed into probate court, obtain a copy and seek the assistance of a probate counsel to interpret the language of the will, or have the attorney assist you in making a demand upon the person holding the will to provide a copy.

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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