Legal Question in Wills and Trusts in Maryland
Deceased beneficiary
My dad's will leaves his estate to his children( all three named in the will) to be 'shared and shared alike'' Since he wrote the will, one of mybrothers has died. Does the estate get divided between the surviving children, or does a third, go to the estate of the deceased sibling and passed to his heirs? He wants it to be divided between the surviving children only. How should that be stated?
1 Answer from Attorneys
Re: Deceased beneficiary
Your father should speak with an attorney to have his will revised or a codicil drafted.
When dealing with a question such as the one you raise, I beleive it is imprudent to provide general information
about the law since such information is subject to being misapplied. His entire will should be reviewed to determine whether it properly reflects his wishes.
If he has not updated his will recently, he should consider doing this for other reasons as there have been changes in the law that may affect his estate.
I am available if you would like to discuss this matter.
G. Joseph Holthaus III
(410) 799-9002
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