Legal Question in Wills and Trusts in Minnesota

Distribution Adjustment When One of The Heirs Is Dexeased.

Dad & Step-Mom had wills. If Step-Mom pre-deceased Dad, all of her estate went to him. Dad had will stating that on his death, 33 1/3% went to Step-Mom, 50% to be divided equally between his 5 children, and the remaining 16 2/3 % to be divided equally by 2 of his grandchildren. Step-Mom pre-deceased Dad and his will was never redone. How is 33 1/3 that would have gone to step-mom divided?


Asked on 5/05/07, 11:36 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Distribution Adjustment When One of The Heirs Is Dexeased.

I can't tell you for sure without looking at the will itself. I can tell you however what I would expectd to see if I did.

Chances are that the gift to step mom will lapse if she dies first. In that event her share goes back into the estate and is pro-rata divided among the beneficiaries who are still around.

In short hand, increase everybody's share by a third. Without actually seeing what you have, that would be my best guess.

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Answered on 5/06/07, 8:13 pm


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