Legal Question in Wills and Trusts in North Carolina
Wills
If John leaves something to Bob in his will, but Bob dies first and the will is not changed, does the item or money go to Bobs estate and get passed on to Bobs living relatives or does it stay in Johns estate to be shared with the living relatives in Johns will?
1 Answer from Attorneys
Re: Wills
That depends on a number of factors such as when the will was written, what the will says, etc. The language of the will controls. If there is no indication as to what happens or any indication that the gift lapsed, then generally if the beneficiary is a grandparent or descendant of a grandparent of John, then Bob's issue would inherit. This does not mean that Bob's estate would get it. Otherwise, it goes into the residuary estate of John. See anti-lapse statute G.S. 31-42
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