Legal Question in Wills and Trusts in Texas

My aunt passed away and left a will for us to recieve the property in the state of texas, but one of the heirs predeceased my aunt and we are trying to find out if the predeaceased persons kids get his share, or they dont recieve anything becuase there dad died before my aunt did?


Asked on 8/19/09, 5:51 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

I am not clear whether the heir who predeceased your aunt is a person named in the will. If the heir is a devisee named in the will, what happens to the gift made to him is a matter of interpreting the language in the will and the applicable law. If the person was not named in the will, then there is no gift to the heir under the will. The only way the heir or his descendats coult take in that situation would be if there was property that was not cvered by the will. You need to hire an attorney to reveiw the will.

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Answered on 8/20/09, 1:36 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Most Wills are pretty specific as to what happens if one of the heirs predeceases the person who made the Will. Your best bet is to have a good probate attorney review the Will. You're probbly going to need one to do the probate anyway.

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Answered on 8/20/09, 11:42 am


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