Legal Question in Wills and Trusts in Alabama

Re: wills

It does indeed depend. The will though is probably invalid. I suspect from your post that it was drafted before your wife's grandparents were married or had children? If so, it might be challenged on those grounds and her estate would be deemed intestate. As such the will would then pass equally to her three children.

Generally, unless children are specifically left out of a will, they are deemed to be included. Generally.

Re: wills

Depends. I could tell you in a second if I could see the will. Some writers leave a dead beneficiary's share to their children, so you wife would then get her mother's share. Other wills leave the gift to the surviving daughters to be shared equally so he aunts would get it all. There is no right way, so contact me or another lawyers and read the will to us on the phone.

William G Nolan

NolanElderLaw.com

Re: wills

it depends upon your wife's grandparents' wishes in that regard (what is the happen to a deceased beneficiary's share of the estate?). Hopefully the Will "speaks" to and covers this unfortunate situation such as your wife's where a child has predeceased a parent (not suppose to happen that way). if the will is "silent" then Alabama law provides that such a deceased beneficiary's share passes to their lineal descendants (your wife) in then living at the death of the last grandparent.

however, if that is not the grandparent's wish, then the drafting attorney might have put in language that specifically states that the share of any deceased child (your wife's mother) will instead pass to the then living children (the aunts) or the will might "say" to their then living siblings.

it is solely the grandparents' call,,and or course is no right or wrong answer, just what they wish to have take place. They certainly need to update their wills in light of their daughter's death at the least to ensure their wishes are properly documented in that will. let us know if we can be of help to them and have a blessed weekend and Lord's Day. Chip