Legal Question in Wills and Trusts in Texas
Legal entitlements
According to my mothers will,after her death ,my
siblings and myself are to share equally in her estate
One year before her death my brother passed away.
My question is:If hedidn't leave a will,are his
children legally entitled to his share of my mothers
estate
1 Answer from Attorneys
Re: Legal entitlements
This is one of those "it depends" questions. Here's what the answer depends upon:
1. If your Mother's will provided that the issue of her primary beneficiaries would succeed to the share of a deceased beneficiary [parent] either per stirpes or per capita, then the answer is yes.
2. If the will provided that the share of a deceased beneficiary went to the residuary clause [sometimes the case] then whomever the beneficiaries of the residuary clause are will inherit.
3. If the will is silent on the subject, then the answer is again "yes" and the fact that the deceased beneficiary [father] did not leave a will is of no legal consequence. His children will inherit his interest according to the laws of intestate succession.
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