Estate and will question

[greglepore]

That's why we needed to know the state. Not sure if this is currently the majority rule or not. It clearly is in Md. Most atty drafted wills have language like " unless x shall predecease me, in which case..." or "if any beneficiary hereunder shall predecease me, then". I'm supposing this will doesn't, or there wouldn't be a question.

[BK911]

Dang man...
Wifey was already rich from previous husband.
Inherited millions from my uncle when he passed.
Now may get another chunk from my other uncle?
All my family money went to another family!

[berettafan]

Email sent. Good luck with it!

[masraum]

Originally Posted by KC911

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

Agreed, it was late, I read it wrong the first time.

[masraum]

per stirpes!!

[masraum]

Originally Posted by BK911

Dang man...
Wifey was already rich from previous husband.
Inherited millions from my uncle when he passed.
Now may get another chunk from my other uncle?
All my family money went to another family!

That probably sucks more than not having any/much family money...

[BK911]

Thanks Beretta!!

Just got a copy of the will.

ARTICLE V DISTRIBUTION OF RESIDUE
I direct that the residue of my estate be given to my Brother if he survives me.
ARTICLE VI SURVIVORSHIP REQUIREMENT
Unless otherwise specifically provided, a beneficiary of my Will who fails to survive me by 30 days shall be deemed to have predeceased me and shall no longer share in my estate. The share of such beneficiary shall be distributed as directed by the provisions stated in my Will.
ARTICLE VII ADDITONAL PROVISONS
I direct that my Will be interpreted under the laws of the State of Maryland.


Sounds good for me, ehh?

[KFC911]

Sounds like yer good then .... as long as your mom still likes you ...

I reckon I'm just SOL tho ...

[masraum]

Originally Posted by BK911

ARTICLE VI SURVIVORSHIP REQUIREMENT
Unless otherwise specifically provided, a beneficiary of my Will who fails to survive me by 30 days shall be deemed to have predeceased me and shall no longer share in my estate. The share of such beneficiary shall be distributed as directed by the provisions stated in my Will.

Sounds like whomever wrote the will has BTDT and has a T-shirt!

I'd say that spells it out pretty clearly so there's no wiggle room.

[BK911]

Originally Posted by KC911

Sounds like yer good then .... as long as your mom still likes you ...

I reckon I'm just SOL tho ...

Mom has dementia and lives with me.
I am the POA.
You're still SOL.

[greglepore]

Originally Posted by BK911

Thanks Beretta!!

Just got a copy of the will.

The share of such beneficiary shall be distributed as directed by the provisions stated in my Will.

Good lord, that's a drafting mess. Does the will specify where it goes in the event of Uncle 2 dying first? If not then you have a problem Houston, as the will and the anti lapse statute are in conflict and you'll either need caselaw addressing this mess or a court to sort it out.

[cabmandone]

I got nothin but I will say good grief that's some kind of mess! Hope it works out for ya.