Legal Question in Wills and Trusts in Washington
equal shares to brothers and sisters
If someone's brother died April 18, 2003 and left his estate ''in equal shares to my brothers & sisters who survive me'' (there were four surviving), and then on Sep. 3, 2003, one of the sisters died (now there is only three surviving), and her death was before any of the brother's assets could be distributed, then (Here's my question) Does her share now go to her estate or does her share get divided up equally among the three surviving brothers & sisters?
Thanks for your time.
2 Answers from Attorneys
Re: equal shares to brothers and sisters
It goes to her estate (the estate of the beneficiary of the original decedent's estate). It doesn't go back into the original decedent's estate just because she survived the decedent but predeceased the date of distribution.
Re: equal shares to brothers and sisters
Generally, the now deceased sister's share will go to her estate heirs, either under a will or the heirs at law. The only qualification that could be in the will might be that the sister survive her deceased brother by some period of time, e.g., 30 60, 90 or more days, in order to inherit from him per the terms of the will.
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