What to do if my mother left a Will in which she left everything to my father but stated that if he passed before her, then everything would go to my brother and I?

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What to do if my mother left a Will in which she left everything to my father but stated that if he passed before her, then everything would go to my brother and I?

Does he need to make a new Will? How does that work?

Asked on April 3, 2013 under Estate Planning, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since your father outlived your mother, then anything that she left to him is his. Accordingly, he can leave whatever he wants to whomever he wants. If he deceides that he wants to leave his estate to you and your brother, then he should execute a Will of his own. If he does not, then who inherits his estate will be dictated be state "succession" law. If you and your brother are the only heirs, then you will both inherit equally. However, if there are other potential heirs, then they too would rightfully have inheritance rights.


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