Estate and will question

[BK911]

Uncle 1 left everything to uncle 2.
Uncle 2 passed before uncle 1 by a few weeks.
Will designates uncle 2s wife as executor but not as beneficiary.
Uncle 2 Wifey trying to keep money.
Uncle 1 has one sibling left, and six neices/nephews.
Who gets what?

[sc_rufctr]

Thinking... "Uncle 1's one sibling" will get everything.

[WPOZZZ]

Originally Posted by sc_rufctr

Thinking... "Uncle 1's one sibling" will get everything.

Same here.

[masraum]

< edit >

I read it wrong the first time.

Uncle 1 left everything to Uncle 2

Uncle 2 died then soon after Uncle 1 died.

First reaction is that Uncle 1's stuff goes to the estate of Uncle 2, so where even Uncle 2's will sends stuff is where the money goes.

But, the law may have something to say, regarding leaving money to a person vs an estate. I suppose it's possible that the law say "an estate is not a person, if the person died then another person's money won't go to an estate. Sounds like a question for a lawyer that specializes in this sort of thing.

Let us know how that works out.

[KFC911]

My take ... everything goes to Uncle2 ... as per the will, but it's now Uncle2's estate instead... and likely his wife.

Or ME !

Good luck .... hope it gets resolved amicably... greed for $$$ brings out the worse in some families.... hope this is what he intended fwiw.

Good luck!

[KFC911]

Originally Posted by masraum

Yeah, I don't think there's any way in the world that Uncle 2's wife should get the money.

I actually think Uncle 2's wife would be the recipient... but what do know... other than my keyboard ?

[berettafan]

I would think nothing was 'left to' Uncle 2 because Uncle 1 never passed during Uncle 2's lifetime.

[berettafan]

Also executrix does not get to interpret the will, she has a fiduciary duty to follow it.

I would think she would be personally liable for any deviation from the will. Register of Wills is typically the authority on this.

[matthewb0051]

Jeez, is this a Bar exam question??? Making my head hurt but here goes.

IIRC, if a beneficiary pre-deceases the testator, then the dead beneficiary takes zero, nada, zip, zilch. But I could be wrong, its been over 25 years...

Secondly, I don't believe the bequest passes to Wife bc her dead hubby can no longer take.

A. I believe you look to the will for line of succession
B. If will is silent then it could be as though the guy died intestate (w/o a will) but you also need to know if there are other beneficiaries. If there are more folks that can take, I believe uncle's share goes to them equally.

Edit: just saw the sibling/ nieces/nephews bit. Assuming they are not in the will, ie no other specific beneficiaries, then its like he had no will at all: I believe sibling takes all. Nieces/nephews take if sibling had predeceased testator.

I told you this is a great bar exam question.

[matthewb0051]

Originally Posted by berettafan

I would think nothing was 'left to' Uncle 2 because Uncle 1 never passed during Uncle 2's lifetime.

Originally Posted by berettafan

Also executrix does not get to interpret the will, she has a fiduciary duty to follow it.

I would think she would be personally liable for any deviation from the will. Register of Wills is typically the authority on this.

Full marks on those answers. A+

[greglepore]

IF there's no successor beneficiary named in the will, then states laws of intestate succession determine who gets what, and we'd need to know what state Unc 1 resided in to answer the question. Likely it all goes to Unc 2, but wouldn't say for sure without checking statute. Wife is still executor but will need to report disposition to court who will assure that it goes according to statute.

[KFC911]

It varies by state ... Clerk of Courts dictate how the will (or lack of one) is executed ... not the executor.

Methinks the "Will" is clear who is the recipient (or his estate) in this case....

But I skipped law school .... barely watched Raymond Burr ....

Ten lawyers will offer ten opinions ... at least

Courts will decide...

[BK911]

Thanks guys!
Uncle 1 lived and died in MD.
My mom is Sibling 1, which is why I'm involved.

So another Bar question..
What happens if sibling 1 passes before will decision?
Sibling 1s kid 1 and kid 2?

We're not talking huge money, but high 6 digits and an Ocean City, MD beach side condo.

[fintstone]

Originally Posted by BK911

Thanks guys!
Uncle 1 lived and died in MD.
My mom is Sibling 1, which is why I'm involved.

So another Bar question..
What happens if sibling 1 passes before will decision?
Sibling 1s kid 1 and kid 2?

We're not talking huge money, but high 6 digits and an Ocean City, MD beach side condo.

I am not a lawyer, but it seems to me that since the uncle died before sibling1, it would go to her estate...as it already belonged to her before she died...even if the decision had not been officially rendered.

That is pretty big money. I hope you retained an attorney immediately. Beneficiaries can petition the court to have the executor removed if they believe the executor is not fulfilling their duties or is acting improperly. I think this might end up as the best action.

[Cajundaddy]

This requires an attorney and a judge. Just went through an estate settlement in CA. It should have been pretty clean and straightforward but still took 2 years.
Best wishes!

[berettafan]

Originally Posted by BK911

Thanks guys!
Uncle 1 lived and died in MD.
My mom is Sibling 1, which is why I'm involved.

So another Bar question..
What happens if sibling 1 passes before will decision?
Sibling 1s kid 1 and kid 2?

We're not talking huge money, but high 6 digits and an Ocean City, MD beach side condo.

BK that is where I live. What county did Uncle 1 live in when he passed? If Worcester County (OC, Berlin, etc) I can get you a couple attorney's names. Register of Wills for Wo Co is in Snow Hill.

[BK911]

Originally Posted by berettafan

BK that is where I live. What county did Uncle 1 live in when he passed? If Worcester County (OC, Berlin, etc) I can get you a couple attorney's names. Register of Wills for Wo Co is in Snow Hill.

Thanks Beretta!
Yes, OC, MD.
Please email bk911 at Hotmail dot com.

[rockfan4]

Seems fairly clear - as mud. This seems to say the wife would get it.

https://www.peoples-law.org/frequently-asked-questions-about-wills#review

What if the beneficiary dies before me?

It is important to review your will periodically as major life events, like the death of a beneficiary, occur. If your will does include a deceased beneficiary, the gift is said to have "lapsed" or "failed." Maryland has enacted "anti-lapse" laws that allow inheritances to be transferred to a beneficiary’s distributes. For example, let's say Allen's will leaves real estate to his daughter Bridget, who has a son named Collin. If Bridget dies before Allen and Allen does not update his will, the real estate would pass to Collin.

Read the law: Md. Code, Trusts and Estates § 4-403

[fintstone]

Originally Posted by rockfan4

Seems fairly clear - as mud. This seems to say the wife would get it.

https://www.peoples-law.org/frequently-asked-questions-about-wills#review

What if the beneficiary dies before me?

It is important to review your will periodically as major life events, like the death of a beneficiary, occur. If your will does include a deceased beneficiary, the gift is said to have "lapsed" or "failed." Maryland has enacted "anti-lapse" laws that allow inheritances to be transferred to a beneficiary’s distributes. For example, let's say Allen's will leaves real estate to his daughter Bridget, who has a son named Collin. If Bridget dies before Allen and Allen does not update his will, the real estate would pass to Collin.

Read the law: Md. Code, Trusts and Estates § 4-403

Yikes! The law is not at all what one might have thought.

[matthewb0051]

Originally Posted by rockfan4

Seems fairly clear - as mud. This seems to say the wife would get it.

https://www.peoples-law.org/frequently-asked-questions-about-wills#review

What if the beneficiary dies before me?

It is important to review your will periodically as major life events, like the death of a beneficiary, occur. If your will does include a deceased beneficiary, the gift is said to have "lapsed" or "failed." Maryland has enacted "anti-lapse" laws that allow inheritances to be transferred to a beneficiary’s distributes. For example, let's say Allen's will leaves real estate to his daughter Bridget, who has a son named Collin. If Bridget dies before Allen and Allen does not update his will, the real estate would pass to Collin.

Read the law: Md. Code, Trusts and Estates § 4-403

Originally Posted by fintstone

Yikes! The law is not at all what one might have thought.

Just more work for whomever drafts the will and it will require a lot more language in the will.

Dang attorneys, oh wait...