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southpaw22

Deceased beneficaries of will

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In what state was the relative residing when he died? And exactly what did the will say about the gifts? The relative had no children, but were the four beneficiaries all relatives, or were they friends, or what? This matters because state laws vary in some states in some situations there may be an anti-lapse provision that would apply. Absent an anti-lapse provision, the basic rule is that the gift to the deceased beneficiary lapses and if the will does not indicate an alternate beneficiary that gift just gets added to the residue of the estate, i.e. goes to whomever gets the estate after all the specific bequests have been met.

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The will states that "Should any one or more than one of the above devisees predecease me ,then and in that event < I do hereby will, devise,and bequeath unto the survivors and share and share alike that portion of my estate that the deceased devisee or devisees, would have taken had he, she ,or the survived me, and in fee simple forever " I did not see the word devisee any where in the will but in this section.

 

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A devisee is a person or other entity to whom real property is left.  A legatee is a person or other entity to whom personal property is left.  That being said, the words are often used interchangeably by those not schooled in the law.  Anyway, the clause you have quoted makes it very clear that the share of the estate left to any of the individuals who predeceased the testator  goes to the surviving individuals and not to the heirs of the deceased persons.

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13 hours ago, southpaw22 said:

 

The will states that "Should any one or more than one of the above devisees predecease me ,then and in that event < I do hereby will, devise,and bequeath unto the survivors and share and share alike that portion of my estate that the deceased devisee or devisees, would have taken had he, she ,or the survived me, and in fee simple forever " I did not see the word devisee any where in the will but in this section.

 

 

Then that answers your question:  the estate gets divided between the two surviving devisees/beneficiaries.

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That is the way I understand it . The thing is a lawyer that has been in business for quite some time now told the remaining two  that it will be divided out between the deceased family heirs (intestate) . Though he might be mistaken but he went over the will fast and maybe didn't read it right . The will is from back in 1984 but it is the only will she has.

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The relevant provision of Tennessee law is:

 

 

32-3-105. Death of devisee or legatee before death of testator.

 

(a)  Whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue shall take the estate or interest devised or bequeathed that the devisee or legatee or the member of the class, as the case may be, would have taken, had that person survived the testator, unless a different disposition thereof is made or required by the will.

 

The will in question specifically states what happens if one of the devisees predeceases the testator.  But as I mentioned above, the word "devisee" applies to real property.  Are there other clauses that pertain to other property?

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43 minutes ago, southpaw22 said:

a lawyer that has been in business for quite some time now told the remaining two  that it will be divided out between the deceased family heirs (intestate) .

 

Does this lawyer represent any of the persons involved?  By the way, who is the executor of the estate, and what does he/she and his/her attorney have to say about this issue?

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Executor is deceased .  . Me and my cousin are beneficiaries and we took the will to a lawyer since there the others are deceased . We did not have a lawyer at the time we took the will to him . We were confused by his saying that since our parents whom are deceased would have gotten 1/4 of the unfulfilled part (there were 4 of them)  of the will so now the children of our aunts brothers and sister would now divide out the 1/4 of 1/2  into how many people are  still alive. 

 

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RetiredinVA : The will states that the executor may sell in the manner he see fit the properties, whether  real , personal or mixed convert to cash . Also she set aside an amount of 10,000 for my daughter after she turns 21 (she is now 37)  first before any thing else is distributed. That is the only other clause in will The executor was also a beneficiary and is deceased with no family members living.

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12 hours ago, southpaw22 said:

Executor is deceased .  . Me and my cousin are beneficiaries and we took the will to a lawyer since there the others are deceased . We did not have a lawyer at the time we took the will to him . We were confused by his saying that since our parents whom are deceased would have gotten 1/4 of the unfulfilled part (there were 4 of them)  of the will so now the children of our aunts brothers and sister would now divide out the 1/4 of 1/2  into how many people are  still alive.

 

If I'm reading this correctly:

 

1. You are a grandchild of the deceased

2. Your parent who was a child of the deceased is also deceased

3. Your deceased parent who was a child of the deceased was named as one of the four beneficiaries

4. The person nominated in the will to serve as executor is deceased (note that being nominated as executor and actually being the executor are two different things)

 

I'm a little confused about your statement that you "and [your] cousin are beneficiaries."  Are you actually named in the will?  Or are you only (maybe) a beneficiary as a result of your parent being deceased?  Sounds like the latter.

 

That being said, I agree with "doucar's" statement that someone will need to step up and seek appointment as executor so that the estate can be properly administered.

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Sorry for the confusion . I am one of the four people named in the will . My aunt raised me like I was her child. My cousin is also a living beneficiary.  We as beneficiaries don't understand why the lawyer is saying that the unfulfilled part that the other two beneficiaries will not get is to be given to the brothers and sisters ( or the children of the deceased brothers and sister of the testator . Looks like if she wanted them in the will she would have named them to receive something . It seems that if the others are deceased then their part is considered part of the estate. Thanks for clearing up this . My cousin has stepped up to be executor .

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