Legal Question in Wills and Trusts in Pennsylvania

Re: death of a beneficiary

When a beneficiary dies shortly after the will is probated, the result depends on what the will says, if anything, about survival requirements. For example, the will may say that beneficiaries must survive for 30 days after the person who made the will (the testator), in order to qualify as survivors. The key date is the date of the death of the testator, and the date of the death of the beneficiary. The date the will was probated is not key for this purpose.

Then, if the beneficiary died within 30 days of the testator, it's as if the beneficiary predeceased the testator, and the beneficiary's share would go to his children. If the beneficiary survived for 30 days after the testator died, the beneficiary's share would go into the beneficiary's estate, to be distributed under his will or under state law, if he did not have a will.

From: Miriam N. Jacobson

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Miriam Jacobson

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1528 Walnut Street - Suite 501