Will and death of executor

[michellestarrett]

Hi I’m wondering if anyone can give me advise

my mother had a will with me and my two sister as the house has to be dived between her 3 daughters when she died. One daughter died 8 weeks before my mother and know my nieces and nephews are trying to say they are untitled to their mums share of the house which was not stipulated in the will. If my sister died surely she becomes exempt unless otherwise stated. Does anyone know if this is correct.

[atticus]

The will needs to be studied, but the likelihood is that the gift passes on per stirpes.

Why do you want to disinherit your late sister's children? Is this what your mother would have wanted?

[michellestarrett]

Yes. My mother wanted it between me and my remaining sister and her grandchildren knew that. They have their fathers estate to come. My mother wanted to know her remaining children were secure. Not her grandchildren, they have their father for that.

[dslippy]

You may be right, but that is not what she said when she was asked what she wanted to happen on her death.

[PallasAthena]

Yes. My mother wanted it between me and my remaining sister and her grandchildren knew that. They have their fathers estate to come. My mother wanted to know her remaining children were secure. Not her grandchildren, they have their father for that.

Sorry to hear that your mother and sister died so close together.

My experience of this is what you have been advised by others, it's likely that your late sister's share passes to her children That happens under general rules in the law of inheritance not because it is written into the will. You'd need to look at the whole will to be certain.

It would have been possible for your mother to write her will in such a way that your late sister's share was divided between you and your surviving sister and didn't go to your neice and nephew but from what you say it appears your mother did not do that.