Legal Question in Wills and Trusts in Massachusetts

Thank you for your question, and please accept my condolences.

I notice that you are writing from Michigan. To some extent, the answer to your question will depend upon where your grandfather resided at the time of this death, the type of money or property in question, and even the location of that property.

The first thing you want to do is look to the language of the will itself. What does the will say is to happen if a beneficiary is not living. Some wills will say something like, "My gold watch to my daughter Mary, but if my daughter Mary is not then living, then to my brother, Larry".

If you have questions about how the will should be implemented, or if you are being asked to sign off or assent to the conduct of the estate representative, you should consult with your own attorney.

Everything depends on the language of the will. It is not uncommon for the will to name siblings as beneficiaries and if one is deceased, that gift goes to her children. It is also not uncommon for the will to name siblings as beneficiaries and if one is deceased, that gift is split between the remaining living siblings. So the devil is in the details.

As to see a copy of the will. Or, if it has already been submitted to probate, you can pull the file and read it yourself. If you feel you are being wrongfully disinherited, please call me. I handle cases like this all the time. Hopefully, though, whoever is the personal representative will keep you well informed and will do their job properly.

Let me know if I can help you at all.

Steve