Legal Question in Wills and Trusts in Arizona
leaving money to children of deceased child
My will leaves money to my son and daughter, but if that person dies before I do, I want the gift to go to that person's children only, not to that person's spouse. How should my bequest be worded?
1 Answer from Attorneys
Re: leaving money to children of deceased child
The devise generally is worded "I give X to my son/dauther, NAME, if he/she survives me, or if he/she does not survive me, to their children who survive me." You can also add a time frame in so the son/dauther must survive you by 30 days. You may also want to incorporate a clause to deal with a situation if the children are young and you only want the property to pass to them when they reach a certain age. I strongly suggest you consult with an experienced attorney to ensure you wishes are fully carried out. The clause listed above may/may not be operative in the state you are in.
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