Legal Question in Wills and Trusts in Minnesota
Intent of Testator
The intent of the testator was to give each grandchild $2000; the remainder, share & share alike, to be divided among her children. The eldest daughter dies, two weeks later the testator dies. The will had not been changed. Is the deceased daughters share to be divided amongst her children (which are the grandchildren of testator)or do they just receive the $2000 which was her intent? If the deceased daughter's share is divided also amongst her children, the five children would receive 27% of total estate, which was not her intent. Their are 18 people involved in the will. Fourteen grandchildren and four living children.
1 Answer from Attorneys
Re: Intent of Testator
The answer to your question is that you have to look at the will and see what it says about this situation. Typically the standard language which I would expect to see in the will would say that in the event that one of the children predeceases leaving issue (lineal descendants) surviving, then the share which the predeceased child would have taken had he or she survived goes to his or her issue.
What was the intent of the will is determined by the exact language of the will. The maker of the will is presumed to intend what the will says. If you believe that the intent is something different from what the will clearly says, that's too bad, because any probate judge will follow the language of the will.
The will is on file at the probate court. You should get a copy of it and then schedule a consult with a lawyer to have it looked at. I would be glad to do that. My consult fee is $100. You can call me at 952-544-6356.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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