Legal Question in Wills and Trusts in Kentucky
Rights of grandchildren
My sister-in-law died 3 years ago. Her parents had wills that left their property to each other or if one spouse predeceased the other, the property was to be divided among their 3 children (adults). My mother-in-law died 2 years ago and all her property went to my father-in-law. He died this year. The wills had not been revised since their daughter died. Does the property now go to the remaining two children? (Nothing was mentioned in the wills about the grandchildren or what would happen if one of the children predeceased them.) The daughter who predeceased her parents had two children, one of whom predeceased her. Does her remaining child have any rights to her grandfather's property through her mother?
1 Answer from Attorneys
Re: Rights of grandchildren
This really turns on the exact language of will. Typically, wills are written so that grandchildren, etcetera, take by representation when a child pre-deceases the testator. However, a simple change in the way the sentence is worded can make the gift only to children alive at the time. So, you will have to get a lawyer to look at the will itself.
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