Author Question: Tuttle died at age 96, leaving a will that she made at age 40 that provided that her three children ... (Read 48 times)

bcretired · **on:** Jun 24, 2018

Tuttle died at age 96, leaving a will that she made at age 40 that provided that her three children would share her estate equally. At the time of her death, only one child, Anna, was living. Tuttle's two deceased children, Bill and Caroline, each had two children who were living at the time of Tuttle's death. Anna is claiming that she is entitled to the entire estate because the bequests to Bill and Caroline lapsed upon their deaths prior to Tuttle's death. How will the estate be settled?

Question 2

Fred and Mary were married. Fred had executed a will prior to the marriage that left all of his property, both real and personal, to his mother. Fred later died without changing his will. Mary feels that she should be entitled to some of Fred's estate. While waiting for Fred's estate to be finalized, Mary remarries. Mary's second husband executes a will providing for Mary. Later, after Mary and her husband adopt two children, her second husband dies. Mary feels that her children should be entitled to receive something from her second husband's estate. Is Mary and, later, are her adopted children entitled to receive something under the wills?

6ana001 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The bequests to Bill and Caroline will not lapse. There are antilapse statutes that commonly provide that gifts to deceased beneficiaries, instead of lapsing, will be given to the children of such beneficiaries. Thus, the beneficiaries under Tuttle's will are Anna, Bill's two children, and Caroline's two children. Because the five beneficiaries are of different generations, distribution will be per stirpes. Anna will be entitled to one-third of the estate, Bill's two children will split one-third, and Caroline's two children will split the remaining one-third.

Answer to Question 2

Yes. Under certain circumstances statutes provide that a change in circumstances has the effect of a revocation or a partial revocation of a will. When a person marries after a will already has been executed, that person often is entitled to a share of the estate. The amount of the share varies from state to state. It also is commonly provided that the adoption of a child or children after the execution of a will works a partial or full revocation as to those children. Again, the amount of the estate to which the children are entitled varies from state to state.