Legal Question in Wills and Trusts in Pennsylvania
right to money
my father is currently in fair acres he has dementia and his brother just passed away and left money in his will for him. who is entitled to this money his son who is executor or the state.
1 Answer from Attorneys
Re: right to money
It would depend on how the will was written.
When a beneficiary of a will dies before the testator, the person making the will, the term that applies is lapse. However, if the will states something to effect to Joe but if he dies before I do then to Sam. It would go to Sam if he out lives your father. In the alternative it might be add to the residual, that property specifically was not mentioned but was owned at the time of death.
If the will doesn't say than the anti-lapse statute applies.
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{John}