Died Testate only one heir but deceased..how probated

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  • #3474

    Deceased left a will with only one no relation heir who died before Testator who did not change his will after heir’s death (in a nursing home). The deceased heir has a son. But Testator has related relatives but never did communicate with them. I realize anyone can contest a will….any idea how the court might rule or if the son will have a valid title.

    thanks

  • #3478

    Lex
    Keymaster

    If there were no instructions in the will as to what would happen if the legatee pre-deceased the testator, then it would be considered a vacant legacy and the rules of intestacy would apply.

    That is, it would be considered as though there were no will and the relatives of the deceased in the order of succession would inherit.

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