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my aunts estate was divided between 3 people. Ed, Richard and Virginia. Virginia died a few years back. my aunt died over Christmas break. and Richard died within 4 months of my aunt. Shouldn't her entire estate at this time go to Ed or do other family members somehow have a stake in her estate?. Richards estate was worded the same way. divided between My aunt, Ed and Virginia. We have family members coming out of the wood work now trying to get portions of the money. I just dont want to see the family torn apart when everything seemed clear to me in the wills
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It all depends on what the Will provides. As for Virginia, if the will did not provide for successors in the event one of the them predeceased her, then the legacy would lapse and go to the two survivors. On the other hand, if it did provide for successors (like descendants), it would go to the designated successors. When your aunt died, who ever survived her would inherit the share left to them. So both Ed and Richard would be entitled to their shares (there are potential exceptions, but I don't want to get too complicated). Even though Richard died four months later, his share vested in him; and now his estate is entitled to it. .
Answered on May 13th, 2013 at 9:23 PM