Legal Question in Wills and Trusts in Kentucky

I have a question concerning inheritance. My aunt is leaving some money to me and my two brothers and one sister. I have one brother who is deceased. I need to find out if his children will automatically get his part? Do they need to be named in the will in order to receive it? i am told it goes by generation.

thanks!


Asked on 10/21/10, 5:23 pm

2 Answers from Attorneys
Kelli Brown English, Lucas, Priest & Owsley, LLP

It all depends upon how the Last Will and Testament is written. Some Wills restrict the gifts making disposition only those living, while other Wills divide the gift into shares for the living AND the children of the dead. There are many, many ways to draft a Will document. Basically, how the property is distributed is determined by the language in the Will.

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Answered on 10/27/10, 6:31 am
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

I concur with Ms Brown. I would additionally note that many Wills contain language that if a beneficiary dies before the death of the testator (person making the will), that person's share should be divided equally among his or her surviving children.

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Answered on 10/27/10, 10:08 am


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