Legal Question in Wills and Trusts in Rhode Island

Would my deceased sons widow be entitled to his share of the inheritance if his name is still in the will when i do pass away?

Asked on 9/13/16, 6:06 pm

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

Depends on how your Will is drafted - the specific language of your Will. Some Wills, for example, will say, "I leave X to Y, if he shall survive me," which makes the bequest conditional on survival. Another Will may simply say, "I leave X to Y," or may specify, "I leave X to Y, his heirs, successors and assigns."

Suggest you have a local lawyer review your Will - perhaps the lawyer who prepared it in the first place would be best, so he or she may prepare a codicil (which is something that permits a small modification), if needed.

Besides, you should have your Will reviewed periodically for just such issues, as well as long-term care/end-of-life planning.

Best wishes,


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Answered on 9/14/16, 3:56 am

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