Legal Question in Wills and Trusts in Ohio
Who are the beneficiaries given this statement in the will?
I bequeath and devise to my nephews and brother hereafter names: Nephew1, Nephew2, Brother William, Nephew3 and Nephew4, or to the surviving one(s) of them, share and share alike.
Also, Brother William died several years ago and has 5 living children.
Is Brother William's children entitled to his share?
thank you
2 Answers from Attorneys
No, it doesn't seem that way. It seems as though only those persons mentioned who are living at the time of testator's death stand to inherit.
They may be entitled to the deceased person's share; you would have to research the remaining terms of the will and look at Ohio's antilapse statute which is Ohio Revised Code section 2107.52. There is also a case from last spring, Belardo V. Belardo which discusses this issue. If it is found that the language, "to the survivor of them" is a contrary intention to leave it to the deceased brother's children, then only the named survivor's would inherit.
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