Legal Question in Wills and Trusts in Arizona

Re: Beneficiary dies before testator?

My initial response is that you should be able to, however, be prepared for his other children to fight it saying they are heirs as well.

Did your stepfather use only a will or did he also have a trust? This could also be helpful.

If you want me to review the terms of whatever document you have, I'd be happy to take a look for you and see what else I can find.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Beneficiary dies before testator?

If your stepfather made a Will that provides that everything goes to your mother upon his death, then everything goes to the estate of your mother (because she predeceased him), and everything is distributed to her heirs (by state law) or as provided in her Will. You don't need any anti-lapse statute. If he failed to provide a condition that your mother survive him in order to receive his property, then the law is clear that his property goes to her estate.

Re: Beneficiary dies before testator?

Yes, it would go to the next of kin, which would be children next.