If someone dies and leave everything to another person who then dies 4 days later, do both Wills still hold true?

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If someone dies and leave everything to another person who then dies 4 days later, do both Wills still hold true?

My stepdad died of a heart attack. In his Will he left everything to his wife, my mother. He left nothing to his uninvolved children. My mother, his wife, then died 4 days later of a stroke. She left everything to me in her ill. Does this include my what my step father left her even though his Will was not yet implemented because of the short times between their deaths? If it does not include what my stepfather left her, what happens to his estate?

Asked on December 20, 2011 under Estate Planning, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Under the laws of all states in this country, your mother inherits all of your stepfather since she survived him and he named her as his sole heir. Since your mother than passed away shortly thereafter giving all she had to you, you end up inheriting all.

If there are two Wills, you will need to do a double probate for your stepfather and mother at the same time. I suggest that you consult with a Wills and trust attorney about the situation you have written about.


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