Legal Question in Wills and Trusts in Maryland
If a person wills everything to her two kids , and one of them passes away, but leaves behind a daughter, what happens with all the property when the mother passes away if the will is never changed?
Asked on 10/15/11, 12:55 pm
1 Answer from Attorneys
Cedulie Laumann
Arden Law Firm, LLC
The answer will depend on the will language. A properly drafted will should specify that bequests are either "per capita" or "per stirpes." If the deceased child was given something per stirpes, and dies before the person making the will then their share would pass to the deceased's beneficiary's heirs.
The above general information may not apply in your situation and you may want to have an attorney review the will involved.
Answered on 10/15/11, 2:55 pm