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

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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

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 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.


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