QUESTION
Will the deceased children (her step-children) become the new beneficiaries?
Asked on Jul 09th, 2014 on Estate Planning - Michigan
More details to this question:
My cousin has a will that leaves everything to her husband who has been deceased for 14 years.
18 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The will should say something like "in the event my spouse does not survive me, then . . ." and set forth what happens. If it doesn't, then her things will pass by intestacy. Step children will not inherit; your cousin's children (natural and legally adopted) will take, if she did not remarry.
Answered on Jul 11th, 2014 at 3:13 AM
Your question does not give enough information to provide a reliable answer. It depends on what the decedent's Will says should happen in this situation. When I write Wills, I almost always include back-up (or secondary) beneficiaries (and sometimes I will include a third level of back-up beneficiaries, so to speak, beyond that). Without knowing what this particular Will says, though, I cannot say any more than that.
Answered on Jul 11th, 2014 at 3:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Unless the Will specifies that the stepkids will inherit, then the answer would be NO. Stepchildren have no inherent rights under Michigan law and are not considered to be heirs. If the Will does not say otherwise, your cousins "next of kin" would inherit.
Answered on Jul 11th, 2014 at 3:07 AM
When a person leaves a bequest to an individual that predeceases them, the will usually provides for an alternative beneficiary. If it does not, then the court will go by the laws of intestate succession to find the heirs of the deceased, not the heirs of the beneficiary. If there are none, then the estate goes the estate.
Answered on Jul 11th, 2014 at 3:03 AM
Edwin K. Niles
Not sure that we can answer without a review of the will. But assuming that the will has no alternate benes, and that the husband died first, the estate would normally go to the closest relatives of your cousin.
Answered on Jul 11th, 2014 at 3:00 AM
You need to look at the laws of your state for this situation which is called intestacy when no living heir is named as a beneficiary. Spouses, children and siblings are generally the heirs when the will does not designate a living beneficiary. Step children are usually not the beneficiaries, unless they were adopted. But, every state has its own laws.
Answered on Jul 10th, 2014 at 1:22 PM
2 Awards
No. If the will has no contingent beneficiaries, your cousin's legal heirs would inherit which if no spouse, would be HER children. If no children her parents, if no parents her brothers and sisters. Speak with a probate attorney.
Answered on Jul 10th, 2014 at 12:31 PM
Personal Injury Attorney serving Greenville, SC
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The Greene Law Firm, P.A.
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No they will not unless they were adopted by her or are specifically named in the will.
Answered on Jul 10th, 2014 at 12:15 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon the will.
Answered on Jul 10th, 2014 at 11:44 AM
Thomas Edward Gates
The directions in the Will will determine who the beneficiaries are.
Answered on Jul 10th, 2014 at 11:10 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Stepchildren can never inherit unless they are specifically named in the will. Stepchildren aren't related to the deceased. The order is (this only counts lying persons): If a bracket is empty, you go to the next bracket until you find a bracket that has living relatives, then those relatives get everything. 1st - persons named in the will. 2nd - spouse and children 3rd - parents 4th - siblings and descendants of siblings 5th - grandparents 6th - first cousins and their descendants 7th - great grandparents 8th - second cousins and their descendants.
Answered on Jul 10th, 2014 at 10:42 AM
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Maybe. The actual Will needs to be reviewed by an attorney from the State where your cousin resided at the time of her death to advise you.
Answered on Jul 10th, 2014 at 10:36 AM
Read the Will to see who the beneficiaries are after the husband. If the document is confusing, then take it an attorney who specializes in estate matters.
Answered on Jul 10th, 2014 at 10:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need to see the actual provisions of the will before I could render an opinion. The answer actually could go either way.
Answered on Jul 10th, 2014 at 10:04 AM
Assuming that there are no other bequests in the will, state intestacy laws will determine who inherits. Generally if the spouse is deceased, any living children by birth or adoption and any descendants of any deceased children by birth or adoption are first in line. If there are no descendants, the decedent's parents, if living, or the sibling, if both parents are deceased, are next in line. Step-children, unless adopted by the decedent, generally are not considered heirs of a step-parent.
Answered on Jul 10th, 2014 at 9:23 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If your cousin's will leaves everything to her husband who is deceased then will should state who inherits if the husband predeceases her. If there is no other beneficiary named then her estate would go by way of intestate succession, which means as though she died without a will. The laws of intestate succession are contained in the Ohio Revised Code Section 2105.06 Statute of Decent and Distribution. Under the statute, if she had any children, natural or adopted, then it would go to them equally. It would not go to her step children. If she had no children, then to her parents, if she had no living parents, then to siblings equally. If she had no siblings, then to paternal grandparents and to maternal grandparents or their lineal descendants. I hope this answers your questions.
Answered on Jul 10th, 2014 at 9:22 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The exact wording of the bequest to the husband is critical in determining whether the bequest becomes a lapsed legacy or is distributed to the heirs and descendants of the deceased husband. If the terms of the bequest to the deceased husband does not include contingent beneficiaries then the legacy could be a lapsed legacy. Another section of the Will could have a default bequest that covers such an eventuality. If there are no such contingent bequests in the Will then the lapsed legacy would be distributed to the descendants of the decedent according to the statute on descent and distribution.
Answered on Jul 10th, 2014 at 8:46 AM
The answer depends on the wording of the Will. If all the Will says is "I leave everything to Joe Smith (husband)" and nothing more, then everything goes to husband's estate. The next question then is did the husband have a Will? If so, the assets get distributed according to his Will. If not, then his estate gets distributed according to Michigan law, which would be to his children who survived him.
Answered on Jul 10th, 2014 at 8:39 AM