[WSBAPT] X-Spouse as unintended direct beneficiary

[J A Cyphers]

No survivorship clause in the will??
Often the will requires that beneficiaries survive the decedent by a certain
period of time - often 60 days - or they do not take under the will.
 
    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Matt Johnson
Date: 7/20/2015 3:14:04 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] X-Spouse as unintended direct beneficiary
 
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 - LinkedIn
 
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