My mother-in-laws will "states that in the event that any of my children named should predecease me or fail to survive me by a period of 30 days, than and in that event the share shall descend to their lawful issue (my grandchildren). She passed in Jan 2012, one of her sons passed in Dec 2014 leaving a spouse of 38 years and 2 surviving children. The estate was finally settled in Oct 2015. There was $ that was left in an account to cover taxes and maintenance of the home until sold (since Jan 2012). Who legally would be entitled to the proceeds, the spouse or the children of the son that passed away?
1 Answer from Attorneys
The probate court would need to determine the final distribution, after all taxes and creditors are paid, all potential heirs notified, and after the authenticity of the will is determined, allowing it to be admitted into probate. If the children are still minors, the spouse would be their natural guardian and therefore possibly placed in control of the funds until the children reach adulthood, if any are not spent by then. However if these two kids are the sole surviving children or grandchildren of decedent, they would probably be first in line.
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