Legal Question in Wills and Trusts in Michigan
Who gets deceased beneficiary's portion of estate
My deceased aunt had a Will in which she left 25% of her estate to her brother, my father. My father passed away after the Will was made and the Will has no stipulation as to who gets his portion in the event he dies before her. My mother also passed away. I have two other siblings. Does the 25% get divided among myself and my two siblings?
2 Answers from Attorneys
Re: Who gets deceased beneficiary's portion of estate
If your father passed away before your aunt then it should pass to your aunts decesdants including your father's children. If your father passed away after your aunts death, then the 25% passes to your father or his estate. This answer assumes the will is silent and therefore the law of intestacy pursuant to Michigan Estates and Protected Individual Code 4/2000 will apply. This is a fancy answer to say the answer is governed by the statute that determines when one dies without a will or a when a will is silent when a a beneficiary predeceases the willmaker.
Please feel free to contact me, you can find information about our firm and mysekf at www.myelderlaw.com
Good Luck.
Don
Re: Who gets deceased beneficiary's portion of estate
Did your father die before or after your aunt? The order of death, and the language in the will are very important, here. Is the estate in probate?
Feel free to contact me directly with more details.
Best regards,
Pat Prince
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