Right to inherit

[Dandrea]

An Aunt has recently passed away and her will has been probated. In her will she directs that her estate be distributed to her brothers and sisters, which she specifically names. My mother, who is a named heir, has predeceased this Aunt. My question is this, as a surviving heir to my mother, am I eligible to receive part of the estate which would have been inherited by my mother if she were alive? There is no notation in the will which indicated "only surviving" relatives. There is no language such as per stirpes, as well.

 

[nasusqueen]

I have a similiar situation. My dad passed in May 08. He had annuities in which the Insurance Co has guessed at who is to recieve what. It's in plain writing that there is 3 primary and 4 contingents then it is stated equally or to share survivors per stirpes. They say that the contingents are to sign that they aren't interested then the 3 primaries will get the funds. I dont' want to have to hire a lawyer just to clear this up. Any advice on this ??? Anyone???

 

[unclemoon]

nausqueen: you should really post this to its own thread.

however, here's a quick lesson on how per stirpes works: if the 3 "primary" beneficiaries are still alive, then their children get nothing. if one of the primary beneficiaries predeceases the decedent, then their children split the amount equally that would have been awarded to them.

you can see the definition at this link:
http://dictionary.law.com/default2....ype=3&submit1.x=0&submit1.y=0&submit1=Look+up

hope it helps you.

 

[dee_dub]

Usually when a beneficiary dies before the testator, the gift passes to the residue of hte estate. However, there is an exception in many jurisdictions where if a sibling predeceases the testator, the gift passes to the siblings descendants per stirpes. That sounds exactly like what you`re looking for. Check the Wills Act or comparable law in your jurisdiction, or consult with a lawyer.