Legal Question in Wills and Trusts in Texas
will
Second beneficiary of my mothers will has died. Do i pay his spouse his share as the will does not state this to be true. I am the executor of the estate.
Asked on 12/22/01, 1:09 pm
2 Answers from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: will
If he died after your mother did, then his portion goes into his probate estate. If he died before your mother, then it depends on the exact language of your mother's will; it may go to his children if he had any, and the distribution was 'per stirpes'. If not, then his death before you mother means his devise has lapsed and it would go to the rest of the living divisees.
Answered on 12/24/01, 11:02 am
Gerald R. Yoakum
The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm
Re: will
did they die before your mother or after
Answered on 12/22/01, 3:33 pm