Legal Question in Wills and Trusts in New Hampshire
Will - death of devisee - heir?
This is pertaining to a will and the state of New Hampshire.
My Uncle C has died, leaving behind a will naming his sister,
my mother, as devisee ''absolutely'', to all of his home, his property and personal belongings
and then names her in the residuary. He also makes a no provision statement concerning all his other
brothers and sisters by name and their issues that they shall not to benefit in anyway. The problem is: My mother passed away 22 months ago, and my uncle assumed everything was going to i and my brother anyways if he died someday so never changed a thing. The family is in an uprour, they claim i and my brother are intitled to nothing and urge me not to summit my uncles will which was located among important papers within my mothers belongings.
They want to disregard the will saying its invailid because my mother died now. Am i now an heir as equal along with my brother?
- thank you, nb
3 Answers from Attorneys
Re: Will - death of devisee - heir?
It is impossible for anyone to advise you properly without seeing the will. The exact words are critical. You may be entitled to a share of the estate under the will or under the laws of intestacy but the exact wording of the will should be determinitive. You also may not be entitled to anything. You need to talk with a NH attorney who does this type of work.
Re: Will - death of devisee - heir?
If I understand your question, your mother was suppose to get everything. Assuming she died after your uncle, and that there is no language concerning what happens if she dies, I believe that it is intestate, as to her. But have the will examined closely.
Re: Will - death of devisee - heir?
Anyone in possession of a will of a person dying in New Hampshire must file the will in the appropriate County Probate Court. If I understand your facts correctly, you and your brother may be entitled to inherit whatever your mother would have inherited had she survivied your uncle. I strongly suggest that you contact a New Hampshire attorney and have him review the will with you and file it in the appropriate court to commence administration of your uncle's estate
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