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| Wills, Trusts, Estates Wills, trusts, estates, gift tax planning, etc. |
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Deceased Beneficiary of Will
My aunt died in Jan 2007. One month later, her sister died. My aunt's will specifies the distribution of her estate ... by denoting 10% amounts to ten people/organizations. Her sister was one of the ten named in her will. The will stipulates that if any beneficiary predeceases her, their share is to then be given to the children of the beneficiary. Another section of the will states that for anyone to be considered a beneficiary, they must live 60 days beyond the date of her death. Obviously, her sister did not survive her by 60 days. The local attorney says that the distribution for the second aunt that died (before 60 days passed) should go to that aunt's children. I believe this is wrong. I feel the second aunt did not survive the required 60 days ... therefore her distribution would be split among the nine remainng people/organizations listed in the will. Am I wrong?
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