Legal Question in Wills and Trusts in New Mexico
Inheritance by children of deceased
My 90 year old mother's will leaves a house to two sons and two daughters. One of the sons recently died. Will his heirs automatically inherit the quarter which would have gone to him? And is a divorce clause indicating agreement by the other son (me) to give the first $15,000 of his share to grandchildrens' education binding?
1 Answer from Attorneys
Re: Inheritance by children of deceased
I can't answer positively in regard to either question without seeing the Will, possibly the divorce pleadings and maybe other documents. The wording and legality of the Will will determine whether the first son's heirs take what he would have taken. The divorce pleadings may determine the answer to your second question. I'd suggest that you make an appointment, bringing these documents to my office and we can discuss. Any action you take without at least doing this would be short-sided. My number in Albuquerque is 888-4409.
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