Would my father's half of my grandparents estate pass to his next of kin since he is deceased?
Full Question:
My grandparents passed away recently and their estate is being taken care of by my uncles. My father passed away 10 years ago and we are his next of kin. Unless it is specifically stated in the will that the estate goes to my uncles (the only surviving children to my grandparents), should my brother and I receive what would be my fathers share? 1/3rd of the estate.
06/18/2007 |
Category: Wills and Estates |
State: Delaware |
#6519
Answer:
The applicable Delaware statutes are as follows:
12 Del. C. § 3321. Applicability of chapter; definitions.
(a) This chapter shall govern fiduciaries, as well as agents in certain
instances, acting under governing instruments.
(b) Except as otherwise expressly provided herein, all definitions
contained in § 3301 of this title shall apply to this chapter.
(c) For purposes of construing a governing instrument, unless a contrary
statement appears in such governing instrument:
(1) The term "issue" shall denote a distribution per stirpes, such that
the children of the person whose issue is referred to shall be taken to be
the heads of the respective stocks of issue; and a person legally adopted,
whether under or over the age of 18 years at adoption, shall thereafter be
considered to be a child and issue of the adopting person and an issue of
the ascendants of the adopting person, and the issue of the person so
adopted shall be considered to be issue of the adopting person and the
adopting person's ascendants.
(2) The term "interested persons" means any living person who:
a. Is an income beneficiary or remainderman of a trust;
b. Has a vested interest in a decedent's estate;
c. Receives benefits as a ward from a guardianship account; or
d. Is the minor with respect to an account established under a Uniform
Gifts to Minors Act.
(3) The term "fiduciary fund" means the trust, estate, guardianship
account or account established under a Uniform Gifts to Minors Act which is
being administered by a fiduciary.
12 Del. C. § 2313. Anti-lapse; deceased devisee; class gifts.
(a)(1) If a devisee or legatee who is a grandparent or lineal descendant
of a grandparent of the testator is dead at the time of the execution of
the will, fails to survive the testator or is treated as if the devisee or
legatee predeceased the testator, the issue of the deceased devisee or
legatee who survived the testator by 120 hours take in place of the
deceased devisee or legatee, per stirpes.
(2) One who would have been a devisee or legatee under a class gift if
that person had survived the testator is treated as a devisee or legatee
for purposes of this section whether death occurred before or after the
execution of the will.
(b) This section shall not apply in the case of wills wherein provisions
have been made for distribution of property different from this section.
12 Del. C. § 810. Terms, conditions, and forms for registration.
(a) A registering entity offering to accept registrations in
beneficiary form may establish the terms and conditions under which it
will receive requests (i) for registrations in beneficiary form, and (ii)
for implementation of registrations in beneficiary form, including
requests for cancellation of previously registered TOD beneficiary
designations and requests for reregistration to effect a change of
beneficiary. The terms and conditions so established may provide for
proving death, avoiding or resolving any problems concerning fractional
shares, designating primary and contingent beneficiaries and substituting
a named beneficiary's descendants to take in the place of the named
beneficiary in the event of the beneficiary's death. Substitution may be
indicated by appending to the name of the primary beneficiary the letters
LDPS, standing for "lineal descendants per stirpes." This designation
substitutes a deceased beneficiary's descendants who survive the owner
for a beneficiary who fails to survive, the descendants to be identified
and to share in accordance with the law of the beneficiary's domicile at
the owner's death governing inheritance by descendants of an intestate.
Other forms of identifying beneficiaries who are to take on 1 or more
contingencies, and rules for providing proofs and assurances needed to
satisfy reasonable concerns by registering entities regarding conditions
and identities relevant to accurate implementation of registrations in
beneficiary form, may be contained in a registering entity's terms and
conditions.
(b) The following are illustrations of registrations in beneficiary form
which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S.
Brown, Jr.
(2) Multiple owners-sole beneficiary: John S. Brown, Mary B. Brown, JT
TEN TOD John S. Brown, Jr.
(3) Multiple owners-primary and secondary (substituted) beneficiaries:
John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown, Jr. SUB BENE Peter
Q. Brown or John S. Brown, Mary B. Brown JT TEN TOD John S. Brown, Jr.
LDPS.