Legal Question in Wills and Trusts in Massachusetts
Will/Estate distribution
My father passed away in 2001, in his will, he stated [paraphrase] that I was excluded from proceeds of estate because he had paid for my college education and my 2 younger siblings were to share the proceeds. August 2007, my grandmother passed away, her will still mentioned my father as it was written in 1991, my siblings and I have been named as heirs to her estate (in my father's stead). Is my father's portion of her estate disbursed to his 3 children or is it handled using ''his'' will, where only my 2 siblings would receive the proceeds?
3 Answers from Attorneys
Re: Will/Estate distribution
hypothetically speaking, without having read either of their wills, I would suggest that you would receive your 1/3 as heir of your father and that his Will would not be a factor.
Re: Will/Estate distribution
Without actually seeing the Will, no one can tell you what should happen, but in circumstances such as you describe your father's share would usually pass to you and your siblings 1/3rd each.
Re: Will/Estate distribution
Generally, a bequest to a child is deemed to include a right of representation in the surviving issue of that child (e.g., surviving grandchildren or greatgrandchildren).
However, the will should be reviewed to confirm that this default provision applies.
If you have any more questions, please contact my office to arrange an appointment.
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