Legal Question in Wills and Trusts in Texas
We have a will that says .Upon my death to split all equaly among Chlidren..Five children..One of the children died..Do we still have to give the dead persons share to the dead persons children (The Grand Children)??
Asked on 10/11/10, 2:08 pm
2 Answers from Attorneys
Mark Dunn
Mark D. Dunn
It depends on what the will says. What are the provisions for a case where a beneficiary predeceases?
Answered on 10/16/10, 2:22 pm
David Leon
David L. Leon, P.C.
I would have to read the will. If the will has "anti-lapse" language, such that the children of the deceased inherit the deceased person's share, then yes. If the gift is conditional upon the person surviving, or it's a class gift, then probably not.
Answered on 10/16/10, 3:07 pm
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