[WSBAPT] X-Spouse as unintended direct beneficiary

[Matt Johnson]

The situation:

Divorced T died leaving entire estate two T's two sons on the conditioned that they survive T. If either son predeceased T without issue, that son's gift shall lapse and all interest shall go to the surviving son.

One son technically survived T, but died intestate shortly thereafter with no issue and no spouse. The result is T's x-spouse is now substituted in the deceased son's place as the sole beneficiary of his estate. The language of T's will strongly indicates no intention to give anything to T's x-spouse, and although x-spouse is not technically a direct beneficiary that is the reality of the situation.

Question:

I can't seem to find any authority in any state directly on point. If anyone has come across a similar situation or could point me in a direction, I would greatly appreciate it.

Regards,

Matthew R. Johnson| Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
509-952-2947 (cell)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

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