Legal Question in Wills and Trusts in Ohio
My brother was a beneficiary in my moms will but passed away suddenly while he was going through a nasty divorce. Does my mom now need to change the will to prevent his wife from having a claim, or did his claim die with him?
Asked on 8/01/15, 12:11 am
2 Answers from Attorneys
Thomas Sacerich
Thomas J. Sacerich, Attorney at Law
It is probably best to change the will. With that being said, to answer your question, normally the inheritance dies as you said with the death if your brother. The claim may however go to his children if the will provides for that.
Answered on 8/01/15, 4:55 am
Christine Socrates
Meyers, Roman, Friedberg & Lewis
I would advise your mother to execute a new will especially if there is not an alternative provision that states who inherits if your brother predeceases her. His wife will not have a claim to your mother's estate if your mother did not provide for her in the will.
Answered on 8/06/15, 1:58 pm
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