Legal Question in Wills and Trusts in Colorado
half of an estate left to a deceased person
My mother passed away in Febr. which leaves my mothers estate with my step-father. My uncle passes away in March and he stipulated that 50% of his estate go to my mother. My uncle's brother contacted me stating that since my mother passed away the 50% would be split among my moms children (there are four of us). Is this in fact the way the law reads or would the 50% automatically go to my step-father?? Thank you
4 Answers from Attorneys
Re: half of an estate left to a deceased person
Since your mother died before your uncle, his will controls. If his will left your mother's share to her "by representation" or "per stirpes", then her children will divide her share of your uncle's estate.
Re: half of an estate left to a deceased person
It would go to you and your siblings under Texas law. Not sure how it works under Colorado law, or what the specific language of the will was. It would not pass to your step-father under any circumstances since your mother died before your uncle did.
Re: half of an estate left to a deceased person
It depends on whether he died with a will or not. If a will, you need to read the will and it will control. If he died without a will, then the laws of intestacy control and it depends on whether he had children, was married, parents are alive, which siblings are alive, and the composition of his estate (real property vs chattel).
Andrew
www.andrewtraub.com
Re: half of an estate left to a deceased person
The Will of each should be reviewed as that will help an attorney assist you in tracking where the property from the different estates will pass.
Additionally, the title to certain assets will pass those assets if held in joint tenancy or if there is a designated beneficiary. This will control over provisions in the Will.
You should consult with an experienced attorney in your area to answer these questions in more detail.
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