[WSBAPT] Hole in Will issue

[Timothy Lehr]

All,

Decedent was predeceased by wife and has only two kids - son and daughter. Decedent's Will leaves half estate to son and half estate to trustee of trust in favor of daughter who was disabled. Will states if son predeceases, then his half goes to his kids. Will is silent on what happens if daughter predeceases. However, the trust states that if daughter passes while the trust is still funded, 10% of remaining trust goes to a non-profit for handicapped and 90% goes to son. Handicapped non-profit is no longer in business. Of course, daughter predeceased decedent and now son is only surviving child.

Since the Will is silent regarding daughter predeceasing, I am wondering if her share goes outright to son (even though it doesn't say that in the Will) or if we need to give some notice to a similar non-profit? The trust was never funded for the provisions of the trust to apply, of course.

What happens when beneficiary predeceases and the Will is silent on where her share goes? Any statute you can point me to?

Thanks,

Timothy C. Lehr
Attorney & Partner

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