Massachusetts  |  Wills and Trusts

Legal Question

Asked on: 1/07/12, 4:43 pm

Bob died 5 months ago, and his brother Joe is executor of his estate, and sole beneficiary. (Bob's wife is deceased, no children). Bob's will leaves the only asset, a $180,000 bank account, to Joe if alive, and to Joe's children if Joe is not alive. The estate is being probated with a lawyer, and will not be finalized until at least 7 months from now. Joe has a terminal illness.

Question 1: If Joe dies before the proceeds are distributed, will the proceeds go to Joe's estate (which leaves everything to his wife), or to Joe's children?

Question 2: Joe's estate is set up well with everything in trust, and would not have to be probated except for the issue of Bob’s money. Would this issue force Joe’s estate to be probated if he dies before Bob’s assets are distributed to him?

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