The omitted beneficiary should have been notified and told that they were to inherit 1/3 of the assets. Attorney who drew up will is not under any duty to notify. The attorney who probated the will normally asks the other beneficiaries who is still living and has to depend on what he is told in how to distribute the estate. If the other beneficiaries told the attorney that the omitted beneficiary was dead, then he had a right to rely on what he was told. Need to try and track down original court case file from when the estate was probated and see what the petition to probate says about the beneficiaries.
Answered on Aug 18th, 2016 at 4:40 PM