Legal Question in Wills and Trusts in Arizona
I am the executor of my fathers will. The will was written while he was a resident of Pennsylvania in 1998. My father was a resident of Arizona when he died in 2009. His estate is going through Probate in Pima County, Arizona.
Dad�s handwritten will is very basic. All his expenses, and mine as his executor, are to be deducted from his estate and the remainder is to be equally divided among his eight children who he names. My father�s will did not make any provision for grandchildren. He specifies his children only.
The problem is that one of my brothers died about 3 weeks before my dad. What happens to his �share� of the estate? Does it go to his estate, then his widow? Does it go to his child? Does it cease to exist?
1 Answer from Attorneys
The Arizona court should apply PA law in determining the outcome. It depends upon the language of the Will, to determine if a predeceased child is entitled to inherit or not. If the Will provides that the child must survive the decedent in order to be a beneficiary/heir, then the estate is divided among those who survive in equal shares. If not, then your brother's estate will receive his share and then it will be passed to his wife and child according to the law where he resided or by his Will.
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