Legal Question in Wills and Trusts in Arizona

death of a beneficiary

my father and stepmother both made a will together that states after their death, myself and my step sister will get the home jointly to sell & split the proceeds or buy each other out. My stepmother and step sister have since died. Will the house now go solely to me when my father passes on or does my stepsisters husband or children have any right to her 1/2 - though none of them were named in the will? My father also stated I am being left everything down to his bank accounts... does he need to list these in the will or add my name to them ? He hasn't made any changes to the will assuming it will just all go to me because he listed me as the beneficiary to everything he has.


Asked on 2/17/07, 10:57 am

2 Answers from Attorneys
James Jenkins Jenkins Law Center PLC

Re: death of a beneficiary

Impossible to evaluate the will and assets that may pass outside the will by automatic succession without all the facts and an examination of the will itself. From your description I have reservations about the quality of estate planning your father has. Things may not go as he intends.

We offer free, no obligation consultations to review documents, get all the facts and give recommendations. Call 480.835.1500. You can also get a complimentary copy of my audio CD, "Your Estate Plan" by calling that number.

Best regards,

James D. Jenkins

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Answered on 2/17/07, 11:53 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: death of a beneficiary

If a named beneficiary dies, then the gift to that person lapses. Not having seen the Will, I cannot comment on other provisions in the Will regarding what happens if your sister passes away. If your father still has legal capacity to make a new Last Will, he should do so in light of the change of circumstances and state anew what his wishes are.

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Answered on 2/17/07, 12:58 pm


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