Legal Question in Real Estate Law in Canada
Mom deceased,no probate; Sons in Will,one son critical
Mom has passed and left a Will naming 3 sons to inherit property. Due to family issues, no probate has taken place. One son is gravely ill...however he has a Will leaving his assets to his children. His wife has Power of Attorney over his affairs. If he passes before probate, can his still hiers inherit the property willed to him by his mother?
Thank you kindly
Sue
1 Answer from Attorneys
Re: Mom deceased,no probate; Sons in Will,one son critical
If the Will does not contain any limiting conditions, such as that the son must survive through probate (it is highly unlikely such a condition exists) then the son's interest in the mother's estate vested on her death. Even if the son dies before probate, the son's estate still takes the son's share (and thus his heirs will benefit). It will be up to the son's executor to pursue the deceased son's interest in the mother's estate.
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