Legal Question in Wills and Trusts in New Hampshire

What happens when person named in will is deceased?

Husbands uncle(single, no children) passed away about a month ago. In his will he left his property to one of his sisters. The sister died more than a year ago but he never changed his will. He is survived by 5 other siblings. What will happen now? Can the chidren of the deceased sister claim the property that she never had a chance to get because she predeceased him? Can the remaining brothers and sisters put in a claim for the property? Thank you very much.


Asked on 1/25/02, 12:34 am

1 Answer from Attorneys

Roy Weddleton Granite Law

Re: What happens when person named in will is deceased?

It is the will itself that will determine who inherits. It may say in plain English that the children of any deceased beneficiary take that share or that it is added to the residuary and divided among the living beneficiaries. Look for the words, "per stirpes" .

Get a copy of the will and take it to a lawyer.

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Answered on 1/25/02, 8:36 am


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