Summary
In Michigan, a deceased childs share of an inheritance does not automatically go to their children unless the will specifies per stirpes distribution. If the will does not include this term, the distribution can be at the discretion of the wills creator. A will can be contested for reasons such as lack of capacity, undue influence, or improper execution, but not typically for the absence of per stirpes unless linked to these reasons. Consulting a probate attorney is advisable for personalized advice.Full Conversation
Wills
Hello ****. To better assist you with your query on wills, could you please provide more details? Are you looking to create a will, amend an existing one, or have questions about probate proceedings in Indiana?
My father died 5 years ago leaving everything to my mother. My brother passed away unexpectedly almost a year ago. Initially our inheritance was to be split between my brother and I. My mom states that it is law that my brother's share has to go to his kids. I realize it can be her preference, but I don't believe it to be a law.
In Indiana, the law does not automatically require a deceased child's share to go to their children. However, it depends on the specific wording of the will. If the will mentioned "per stirpes" distribution, then your brother's share would go to his kids.
This would be in Michigan. And originally that is not what her will stated.
As you mentioned Michigan, laws can vary. Generally, if a will does not specify "per stirpes" distribution, a deceased child's share doesn't automatically pass to their children. It's advisable to consult a local attorney for precise information.
But it doesn't have to be done that way correct. There isn't a law that says she has to do this because my brother died
Correct, ****. The law does not mandate that your brother's share must go to his children unless the will specifically stipulates "per stirpes" distribution. However, your mother has discretion over her will's amendments.
If the will doesn't say per stirpes can it be contested?
Yes, ****. A will can generally be contested in court for various reasons such as lack of capacity, undue influence, or improper execution. However, the absence of "per stirpes" isn't typically a ground for contest unless it's linked to these reasons. It's best to consult a probate attorney.
Thank you for your time
You're welcome, ****. If you need further assistance, don't hesitate to reach out. Remember, it's always best to consult with a legal professional for personalized advice. Best of luck with your situation.
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