Legal Question in Wills and Trusts in Kentucky

Deceased beneficiaries

Everyone named in my brother-in-law's will pre-deceased him. His wife and children. One child had 2 children (still living), the other had none. Both children were married at the time of their death. The will had no mention of per stirpes. There are several brothers and sisters. My brother-in-law had discussed distribution of his estate with brothers, sisters and lawyer but lawyer drug his feet and didn't draw up a new will. Old will is now in probate. Grandchildren are claiming everything. Do brothers and sisters have any claim?


Asked on 7/15/04, 12:23 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Deceased beneficiaries

Under the facts that you set out, the grandchildren would be the only beneficiaries of the estate. Brothers and sisters do not inherit unless there are no children. Of course, it might be helpful to seek advise from an attorney who can read the will and ask the appropriate questions.

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Answered on 7/15/04, 4:17 pm


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