What to do if a Will and amendments are not clear?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a Will and amendments are not clear?
My brother has named me executor of his will.His original Will states that his heirs that are living shall inherit. He at some point filed an addendum to his Will naming each of his children and what they should get, cars, etc. One of the things he named was that his daughter would receive $6000 after the estate was settled. His daughter passed away recently, and his intention is that everything should then go to the remaining two children. Does he have to file an amendment to the amendment taking his named daughter off the Will, or does the original Will, which clearly states that only those that are living, shall inherit.
Asked on April 30, 2014 under Estate Planning, Montana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Sorry to hear about your niece.
A codocil (amendment to the Will) is not necessary because the deceased daughter's share ($6000) goes back into your brother's estate and will be divided equally among the surviving heirs.
However, if your niece had surviving children, those children might contest the Will and claim that they should inherit their deceased mother's share. If your brother does not want that to occur, then a codocil would be advisable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.