Legal Question in Wills and Trusts in Indiana
What does it mean in a will when it states the following:
I hereby will, devise, and bequeath all of the rest, residue and remainder of my estate, of whatsoever kind or character, whether real or personal or mixed and wheresover situated, which I may have the right to dispose of at the time of my death as follows:
(a) My nephew
(b) My friend, absolutely and in fee simple, without reservation or restriction
Does this mean, nephew gets everything if he is living, then friend or do they have to split?
Asked on 9/08/14, 7:13 am
1 Answer from Attorneys
Kenneth Wilk
Rubino Ruman Crosmer & Polen
It is not clear what the intent of the will is from this language. A reasonable interpretation is that the bequest should be split between a) and b).
Answered on 9/08/14, 10:03 am
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