Legal Question in Wills and Trusts in Ohio

Re: deceased beneficiaries

If the will is a simple and straightfoward will where the your parents gave their estate to the survivor and, after the surivor's death, to the five children in equal shares, per stirpes, then the estate would be divided in five shares, one each to the suriving siblings and one-fifth shares divided among the heirs of the each sibling who has died.

Re: deceased beneficiaries

Your parent's will should be read and interpreted by an attorney. If your parent's will was never updated and their estates were left to the survivor of them and then to their five children evenly, it would depend on how it was worded as to whether the deceased siblings share would go to that sibling's heirs (per stirpes) or to the remaining surviving siblings (per capita).

Re: deceased beneficiaries

The answer to this question depends on the wording of the will. There is no requirement that a will be updated just because a beneficiary dies before the person who made the will. Most wills are drafted in a way that takes into consideration the potential that one of the beneficiaries may die first.

It is common for a married couple to each have a will leaving their property to the survivor-(if the husband dies first then all to the wife-If the wife dies first then all to the husband)

The will usually provides that, in the event the husband (or the wife) dies before the wife,(before the husband) when the wife (husband) dies the property is left to the children in equal shares. (if there are 5 children and only 2 are living when the wife dies then those two share the property.)

It is also very common to have a provision in the will that leaves everything to the children in equal shares with an added provision that says that if any of the children die before both mom and dad die then when mom and dad are both gone, the share that would have gone to the deceased child will go to any children that the deceased child had.

In your case, it could be that you and your sister will share your parents estate or it could be that you and your sister will share the estate along with any children that your deceased brothers may have had. It all depends on the wording of the will.

Are either of your parents still living? It may be time for them or one of them to consider new wills. I will be happy to talk to you further if you want to give me a call. No charge or obligation for the confidential call.

Good Luck!

DH Davies