Legal Question in Wills and Trusts in Pennsylvania

It depends on what the will says.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I assume you are referring to the "lapse" statute. The answer generally is no in your case. The lapse statute provides that if a relative of the testator dies before the testator and no provision is made in the will, then the deceased beneficiary's children can inherit the share of their deceased parents.

This works where the testator and beneficiary are related but not in other cases. Depending on your relationship with your friend, you may want to ask him/her about it. Or not. Its his/her property and he/she can do with it whatever he/she wishes. Your children do not have a right to inherit from him/her under the lapsed gift statutes. So if his/her existing will provides that his/her estate goes to you but if you pass away prior to him/her, then to your children, you are fine. If the testator makes a different provision if you die first, or fails to make any specification such that the gift lapses and passes to your friend's relatives under the intestacy laws, or if he/she changes the will after your death but before the testator's death, there is nothing you can do about it in any of those cases and its not worth losing a friendship over.

I would just hope that you outlive the testator!