The will states my two aunts by name and two uncles by name and follows it up with this wording exactly if they survive me by 30 days but however if any child of mine does not survive me I give the share such deceased child would have taken had he or she survived me to his or her descendants. I ask this ? As I have received from courts a a citation of petition for my uncle to represent to sign and when I looked up case I read this in will and also in court filing is a sourcing spouse children and heirs at law form has my moms name listed in all children by name line 2 and then my my name listed in part 3 of this ? Am in entitled to deceased mothers by law ?
ANSWER BY MARGARET CROSS-BELIVEAU:
An heir at law is someone who would have inherited property through probate if the decedent did not have a will. In your case, the heirs at law have to be noticed when a probate is opened to give them an opportunity to object to the will. From what it looks like, by her naming the four specifically, she did not intend to leave your mother anything under the will. There may be disinheritance language in another section of the will specifically excluding your mother and her descendants from inheriting. You should speak with your uncle and ask him how it is being handled and if you will inherit. If you are not satisfied, you can ask an attorney to look at the will for you.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.
