[WSBAPT] Heirs of deceased Heir

michael westseattleattorney.com michael at westseattleattorney.com
Thu Jan 5 08:22:07 PST 2023


Decedent dies testate and is survived by sister who he disinherits. His brother died a couple years ago and left a son. Will specifically says deceased brother's share would lapse if he predeceased him. So that is simple; but Decedent had executed and recorded a Transfer on Death Deed giving his real estate as tenants in common, to his deceased brother, his deceased brother's wife, and two friends.  Would the heirs of the deceased brother take his share of the real property? If yes, since he had a Community Property Agreement with his wife who died a year after he died, would wife's heirs take instead or are they subject to the Wills lapse language?
Thanks
Mike

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