Legal Question in Wills and Trusts in Connecticut
concern about designated heirs
I will be the administrator for my great uncle's will when the time comes. He lives in Connecticut and I live in Massachusetts.
He had his will drawn last year and bequethed an equal portion, one twelfth , of his estate be left to two women who were already deceased at the time he executed the will. His intentions are that the women's decendants would inherit their mother's share and the term ''per stirpes'' is mentioned in each applicable case. As the will reads, you would think that these 2 people were alive when he signed the will and they were not and my uncle knew they were not alive.
One of these women is my mother. To protect my mother's sizeable portion as my uncle intended, is there anything I need to do? I don't know if he told the lawyer who drew up the will that these women were deceased and will that fact cause complications when I try to settle his estate?
Thanks for any help you may offer.
2 Answers from Attorneys
Re: concern about designated heirs
If there is a contest, this may indeed cause a problem. Mostly, it is an indication that he wasn't quite with it when he executed the will. Now, a good argument could be made that the Lawyer who drew up the will didn't realize that the people were dead and the testator didn't correct the lawyer because he didn't realize that it was a problem. In a will contest, I wouldn't want to have to make that argument, however. Better if he has a new will.
Re: concern about designated heirs
It should not be a problem. Per stirpes means that that 1/12 of your uncle's estate will go into each of the women's estates. That 1/12 is divided equally among the children of each woman. If one of the children is deceased that portion is split equally among the children of the deceased.
The only question might be the condition of your uncle when he executed the will. Did he know his relatives and the extent of his estate. You could ask him to redo the will, but per stirpes takes into consideration an heir that predeceases the donor.
Have your uncle talk to the attorney that drafted the will if you are concerned.
Bonnie Lee MacDonald
203-966-8855
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