‘My aunt has become forgetful’: Her will leaves $1.2 million to three nuns and a friend who cares more about her inheritance than my aunt. What can I do?

September 14, 2022

The will and the trust agreement will outline how the gift of the house was made to the four beneficiaries, Neil Carbone, partner at Farrell Fritz, P.C., told me. “If the gift was conditioned on a beneficiary surviving the aunt, then the gift, by its own terms, would lapse with respect to the predeceased nuns.”

“Even if the will or trust did not condition the gift on survival, the gift may nevertheless lapse under state law which may impose a survivorship requirement,” he added. “In fact, in some states the beneficiary has to survive the decedent by a number of days.”

“If neither the will/trust nor state law provides a survivorship requirement, the heirs of the deceased beneficiary would inherit,” Carbone noted.

To read the full article, please click here (subscription required).

  • Related Practice Areas: Estate Litigation, Trusts & Estates
  • Featured Attorneys: Neil V. Carbone
  • Publications: MarketWatch