Do I Need to Make a New Will if a Beneficiary Dies?

Full question:

Oldest sibling is not deceased,so can we make a new webb leaving any assts and all assts divided equally among our two adult daughters?

Answer:

We are sorry to hear of the passing of your child. When a beneficiary dies, it is referred to as a lapsed gift. Typically, the bequest to the deceased beneficiary will be included in the residuary estate and distributed according to the terms of the residuary clause in the will. If there is no residuary clause it will be distributed according to the laws of descent and distribution. it is possible to draft a codicil to a will in order to make changes to a will. However, it is recommended as best practice to draft a new will to minimize the potential for disputes when multiple documents are involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, parents can choose to leave siblings out of their will. In most states, there are no legal obligations to include siblings as beneficiaries. However, if a sibling is omitted, it may lead to disputes or feelings of resentment among family members. It's advisable to communicate your intentions clearly to avoid misunderstandings.