Legal Question in Wills and Trusts in Massachusetts

Bob died 5 months ago, and his brother Joe is executor of his estate, and sole beneficiary. (Bob's wife is deceased, no children). Bob's will leaves the only asset, a $180,000 bank account, to Joe if alive, and to Joe's children if Joe is not alive. The estate is being probated with a lawyer, and will not be finalized until at least 7 months from now. Joe has a terminal illness.

Question 1: If Joe dies before the proceeds are distributed, will the proceeds go to Joe's estate (which leaves everything to his wife), or to Joe's children?

Question 2: Joe's estate is set up well with everything in trust, and would not have to be probated except for the issue of Bob�s money. Would this issue force Joe�s estate to be probated if he dies before Bob�s assets are distributed to him?


Asked on 1/07/12, 4:43 pm

1 Answer from Attorneys

The issue is not what happens if Joe dies before the estate is distributed, the first issue is does Bob's Will require Joe to survive him for a specific period like 90 days or six months.

If there is no requirement that Joe survive Bob for a specific period, then Joe has inherited the $180,000. If Joe prefers the money go directly to his children, he needs to decline the inheritance.

Even with a Trust, Joe's Will should be probated. The only part of the estate that will be probated will be his personal assets that are not in the trust including the $180,000 if he does not decline the inheritance.

Even if the estate cannot close for another 12 months, the estate if everyone is sure there are no major debts to be paid by Bob's estate could distribute part of the $180,000 now.

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Answered on 1/07/12, 6:03 pm


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