QUESTION
Is it right that the person who receives money from a will and said person is also dead those moneys would shall then go to the next issue?
Asked on Mar 19th, 2013 on Estate Planning - Michigan
More details to this question:
My grandfather died leaving my father a sum of money but my father had also just died I live in Wisconsin and the way I understand the law if the person who receives money from a will and said person is also dead those moneys would "shall" then go to the next issue the issue being there children. My mother hide the death and willed money from me and went to child support and had them file a claim and intercept that money for back child support and got that money at the time I was 20 years old. I do not think that my mother is entitled to that money seeing she was deemed a unfit mother and under a chips petition I spent I would say about 4 years in the care of my grandma and 10 years in foster homes resident treatment homes that my step father was ultimately made to pay for because he took on the role of father when I was beery 1 years old. He drove truck and was never really home but he paid the all the bills incurred by our house hold I would of thought my mother would of been billed not him but she did not work just drank. I would think seeing as the law reads it shall and may go to the 3 next issue she would not be entitled to that money or because really she did not raise me so support was not her responsibility so shouldn’t I or at the least my step father who has been divorced from my mom for around half of those years but still paid for the cost of my living in those homes get it.
10 ANSWERS
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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The distribution of the money is based on where he died and those state laws. The money goes to the estate of your father and is distributed under his will or through intestacy laws. Any Claims to the money would be dealt with by the estate. It is unclear when all of this happened. My suggestion is get with an attorney and sort it out.
Answered on Mar 22nd, 2013 at 3:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on what the Will says, in large part. THen again, it is possible that your mother DID have a valid claim. You need to have an attorney review everything that took place in order to try to get to the bottom of this.
Answered on Mar 21st, 2013 at 9:47 PM
If your father survived your grandfather by the period of time established by the state your grandfather lived in when he died, then your father inherited the money. When your father died, the money would be an asset of his estate and distributed according to his will or the intestacy laws of the state he resided in. It sounds like your father owed your mother child support and she filed a claim on his estate for the sum outstanding. Claims against the estate have priority over gifts to heirs/beneficiaries. That is, they must be paid first and whatever is left over is given to whoever is entitled to inherit. The state, however, may have a claim against the money that went to your mother as the state paid for much of your upbringing in foster homes & treatment centers and will want to be reimbursed. However, if your step-father paid for some of those costs, that would reduce the amount the state could recover. If your father didn't meet that criteria, then the money would go back into your grandfather's estate and distributed either according to the terms of his will or intestacy laws.
Answered on Mar 21st, 2013 at 9:26 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your grandfather lived in Wisconsin, this would be a question of that state's law. If your grandfather's will sets a time that someone must survive in order to inherit, that (in Oregon) would control. Also, the will (in Oregon) might say what happens to a person's share if they don't survive.
Answered on Mar 21st, 2013 at 9:15 PM
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It depends upon what the will says. Contact the family member who is in charge of the grandfather's will and ask for a copy. If they do not give you one look for one at the probate court. If there is not one there contact an attorney and ask them to help you.
Answered on Mar 21st, 2013 at 4:07 PM
Thomas Edward Gates
The language of the will will determine if your dad's issues would share in his inheritance from his dad. If the will is silent or it declares that your dad's share of the estate going to the remaining beneficiaries, you are out of luck.
Answered on Mar 21st, 2013 at 4:06 PM
Business Entity Formation Attorney serving Salt Lake City, UT
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Fetzer Booth Mountain West Law
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Unfortunately, this is really a detail specific question. First, you would need to look at the will, next you would need to look at state law for the state where your grandfather died. Depending on the language of the will and the state law, you can then determine who was the rightful heir. It also appears like there may be some additional issues involving your mother. I recommend that you speak with an attorney to determine if your rights have been violated.
Answered on Mar 21st, 2013 at 3:55 PM
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It depends upon what your grandfather's Will said. It may depend upon who died first. You should have an attorney in Wisconsin, or wherever your grandfather died, review the Will and advise you. It is possible that it passes to you, it is possible that it passes to your father's estate, without seeing the Will no one can say. You need to speak with an attorney and have the Will reviewed.
Answered on Mar 21st, 2013 at 3:54 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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It depends completely on what the will specifies. If the will does not specify what happens when a named beneficiary is already deceased, then the Intestacy statute applies. In your situation, you need to to speak with a Wisconsin attorney about what priority the past child support obligations may have. This will be governed by Wisconsin statutes.
Answered on Mar 21st, 2013 at 3:54 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I cannot follow your facts. However, generally who gets what without a will or even with a will and trust depends upon the Order Of Death. If your father died first your grandmothers estate go to his brothers and sisters and their heirs at law per stirrips in this case your father's portion would go to his issue (I do not think spouses are included). If your grandmother died first, it goes to your father's estate and the terms of your father's estate controls. In any case, your mother should get nothing if your father and her are divorced and your mother is not explicitly in their estate plan.
Answered on Mar 21st, 2013 at 3:53 PM