Re: Will & Beneficiary Question

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On 8/01/06, M'sta Mikey wrote:
> On 7/30/06, Molly wrote:
>> My deceased father was named a benefiiary in his sister's
>> will. Now I am one due to the fact that he is deceased.
>> Do I have any say in how the properties should be devided
>> or if someone gets a house or not? In other words, do I
>> have the same rights as the other beneficaiaries?
>
> No. You are simply a beneficiary, you will receive what the
> will states you will receive; that it. The will designates
> how property is to be divided and who gets what, the
> Executor carries out the instructions and the probate
> attorney ensures that everything, and everyone, remains true
> to the will.
Lot of "depends" here. first off, you're on the worker's comp
board but I'll try and answer anyway. what state are you in?
does your state have inheritance per stirpes? is that what
the will says? when did your father die? before or after the
sister's estate was administered? all of these things have to
taken into consideration and vary from state to state.
contact your father's probate attorney and ask him these
questions. in general, if you inherit per stirpes you step
into your father's shoes so to speak and would have any of the
rights any of the other heirs/beneficiaries have, a lot
depends on the exact wording of the wills. That's why it's
always a good idea not to try and do these things yourself.