Legal Question in Family Law in West Virginia

last will

When one son is left the remaining estate, absolutely, after deceased wife dies, but he dies before she does, does the estate go to the remaining two sons and heirs of the deceased son or to just the heirs of the deceased son? In fifth paragraph of will it states that if she dies that it is to be divided between the sons.


Asked on 9/08/08, 11:51 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: last will

The remaining two sons should receive two thirds and the heirs of the deceased son should take one third, but it would be well to amend the will if at

all possible to eliminate this ambiguity.

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Answered on 9/08/08, 4:56 pm


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