Legal Question in Wills and Trusts in Virginia
My sister was the sole beneficary in my aunts will. My aunt and my sister lived together with her 8 year old son and her boyfriend of 17 years. They all took good care of each other. My sister (46,massive heart attack) died on Saturday and my aunt (89, sadness and shock) died the next day on Sunday.what happens when a person listed in a will dies before the maker of the will in the state of virginia?
1 Answer from Attorneys
A person who does not survive the maker of a will does not take anything from the will of the maker. To determine who would receive your aunt's estate, the first inquiry is the specific language of the will. If it left the estate to your sister or her issue, the son (and his sibling, if any) would inherit. If it said to your sister if living, and no other beneficiaries were named, the estate would go to your aunt's heirs. First her children, if any, then her siblings, if any, then the children of her siblings, which would include you.
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