If my aunt’s Will left everything to my other aunt and late and father, are my sister and I considered heirs?

UPDATED: Oct 2, 2022

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If my aunt’s Will left everything to my other aunt and late and father, are my sister and I considered heirs?

My aunt left everything to her sister and brother, my father. However, he is now deceased. Do my sister and I have any rights as heirs?

Asked on September 9, 2019 under Estate Planning, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends entirely on how the will was written. A will can leave a bequest to a person so that if he predeceases (dies before) the testator (person making the will), his share goes to his own heirs (typically written as being left to him "per stirpes," so that his share is split evenly among his heirs). Or it can be written so that if a beneficiary predeceases, his share goes to some other person or is split among the surviving beneficiaries. It depends entirely on the will.

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