An heir died before the testator

[Liudas]

What is the name of your state (only U.S. law)? Ohio

Question:

My childless uncle has 4 heirs in his will - all nieces and nephews.

My uncle is still alive and is 98 years old.

One of my cousins just died, and he was one of the heirs on my uncle's will. He has a surviving wife and son.

When my uncle passes, will his estate go to the remaining 3 of us cousins, or will my recently deceased cousin's wife and/or son receive his portion of the estate?

Thanks for any info.

 

[FlyingRon]

It depends on how the will is worded. Whatever attorney handles the probate will be able to tell you.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

Question:

My childless uncle has 4 heirs in his will - all nieces and nephews.

My uncle is still alive and is 98 years old.

One of my cousins just died, and he was one of the heirs on my uncle's will. He has a surviving wife and son.

When my uncle passes, will his estate go to the remaining 3 of us cousins, or will my recently deceased cousin's wife and/or son receive his portion of the estate?

Thanks for any info.

It depends on what the will states...and if the will is silent on the matter, then it goes to state law.

 

[anteater]

It depends on what the will states...and if the will is silent on the matter, then it goes to state law.

And, if it reverts to state law, then the predeceased nephew's lineal descendants would be entitled to that share:

2107.52 Deceased devisee; class gifts.
...
(2) Unless a contrary intent appears in the will, if a devisee fails to survive the testator and is a grandparent, a descendant of a grandparent, or a stepchild of either the testator or the donor of a power of appointment exercised by the testator’s will, either of the following applies:

(a) If the devise is not in the form of a class gift and the deceased devisee leaves surviving descendants, a substitute gift is created in the devisee’s surviving descendants. The surviving descendants take, per stirpes, the property to which the devisee would have been entitled had the devisee survived the testator.
...

The deceased nephew's surviving wife would not stand to inherit.

 

[TrustUser]

and the correct thing to do is to inform said uncle, so the uncle could make sure that there is NO REVERTING at all.

but rather that all contingencies are handled thru the wording of the will.

 

[ecmst12]

If the uncle is still competent to amend his will, he can. Or not. I would venture to say that it's none of OP's business though. It's not his money!

 

[TrustUser]

i actually think it is his business.

op has been made aware that he is a beneficiary.

the proper thing to do would be to mention to the uncle that now that one of the beneficiaries has died, it may be that he might want to review the will - so that said uncle could ensure that what he wants to be done is actually what is gonna be done.

of course, this assumes he is still able to do so.

from the nature of the post, i suspect that the op is only interested to know what happens if nothing is done. and that if by doing nothing, the op would benefit, then the op would decide to do nothing.

but again, that is just my suspicion.