Michigan  |  Wills and Trusts

Legal Question

Asked on: 11/24/09, 7:25 pm

Our father, Al will die soon. His will specifies that his estate will be divided equally amoung his 5 children. However, if one of his children dies before him, that child's portion of the estate will be divided amoung the child's kids.

My question is if one of Al's children (Jim, for example) die after Al, but before the estate is distributed, do the funds go to Jim's wife or his kids?

1 Answer

Answered on: 11/29/09, 7:52 pm by Timothy Klisz

If Jim survives Al, the share is Jim's estates and will be divided by Jim's will if he has one or by the intestate laws of Michigan if he does not. "Survival" is defined by the will, so you must read it carefully. Sometimes it must be by 30 days to be considered "survived." Please visit www.kliszlaw.com to discuss in more detail. Tim Klisz

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