Legal Question in Wills and Trusts in Virginia


My mother's will stated that her estate will be left with ''equal shares to all surving children and deceased children who left issues''. My brother died 2 months after she did before the estate is settled. he was married but has no children....who gets his share?

Asked on 7/13/06, 7:36 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

Re: Wills

If your brother died "without issue"(meaning offspring or heirs), your mother's estate will simply be divided equally among the surviving children. (Your brother's share in effect goes back into the estate pool.)

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Answered on 7/13/06, 8:12 am

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