When a testator’s estate inherits assets long after death, are those assets distributed according to the Will?
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When a testator’s estate inherits assets long after death, are those assets distributed according to the Will?
Even though testator had children, his Will directs that any residuary left after paying debts goes to his 2 sisters and his mother and omits any reference to his children. When he died he had no assets (had lived with and was supported by his sisters). When his mother died, his estate inherited a portion of her estate. Is the inheritance distributed according to the Will? Does it go only to the living sister or does it go to the estate of the deceased sister also?
Asked on August 23, 2012 under Estate Planning, District of Columbia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your losses. You need to seek help from an attorney in your area to help you sort through the matter. You need to understand, though, that two things will govern here: first, did his Mother die with a will or intestate; and two, what the Will or intestacy statute states as to pre-deceased children. The "testator's" estate, as you call it, may not be entitled to "inherit" since he pre deceased the Mother. It can get very complicated and one needs to sit down and look at all the documents and laws to figure it out. Good luck.
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