When a testator’s estate inherits assets long after death, are those assets distributed according to the Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

When a testator’s estate inherits assets long after death, are those assets distributed according to the Will?

Even though testator had children, his Will directs that any residuary left after paying debts goes to his 2 sisters and his mother and omits any reference to his children. When he died he had no assets (had lived with and was supported by his sisters). When his mother died, his estate inherited a portion of her estate. Is the inheritance distributed according to the Will? Does it go only to the living sister or does it go to the estate of the deceased sister also?

Asked on August 23, 2012 under Estate Planning, District of Columbia

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your losses.  You need to seek help from an attorney in your area to help you sort through the matter.  You need to understand, though, that two things will govern here: first, did his Mother die with a will or intestate; and two, what the Will or intestacy statute states as to pre-deceased children.  The "testator's" estate, as you call it, may not be entitled to "inherit" since he pre deceased the Mother.  It can get very complicated and one needs to sit down and look at all the documents and laws to figure it out.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption