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Registered
Join Date: Apr 2005
Location: San Antonio, Texas YEEHAW
Posts: 5,492
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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.
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Matthew - drove Nurburgring with wipers on and no rain
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Last edited by matthewb0051; 04-02-2025 at 07:00 AM..
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