I was unaware my sister obtained Power of Attorney when my mother was diagnosed with cancer. I found by accident my sister had put herself on all of Mama's bank accounts make them hers at Mama's death. On Mama's investments she gave herself 90% beneficiary and by brother and myself were to get 10% to share. Mama had to sue my sister to get control back. Mama still being very ill could not take care of her finances. I didn't trust my sister and my sister didn't trust me. Thus a bank was appointed limited guardianship. We have a legal family agreement for us 3 children to have all divided equally among us after $86000.00 is taken off the top for my brother and myself each. My brother has passed away a year ago and Mama is still alive. He has no children.Will his wife now get my brother's even though my Mother was still alive when he died? This is not a will but a family agreement. Mama's real estate is not in this agreement, only her finances.
In practice in PA so you need to consult with an AZ lawyer. My opinion would be that whether or not your sister in law takes your brother's share would be decided by what the will says about when a child predeceases mom. You reference a "Family Agreement" and not a will. In my state, there is no document called a Family Agreement that is substitute for a will. In my state it would be what the will says, testacy, orif no will exists, intestacy. Intestacy would result in brother's children getting his share. If he has no children, then the gift would lapse and go back to you and any other siblings. I would look carefully at what this Family Agreement says about an heir preeceasing mom.
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