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-   -   My wife was named as beneficiary. She is deceased. Do I replace her in will? (https://www.askmehelpdesk.com/showthread.php?t=588211)

  • Jul 19, 2011, 02:07 AM
    johnieray
    My wife was named as beneficiary. She is deceased. Do I replace her in will?
    My wife was named as a beneficiary in a will, but has since passed away. Do I inherit in her place?
  • Jul 19, 2011, 03:05 AM
    ScottGem

    Depends on the terms of the will. If the will specified, your wife and her heirs, then yes. Otherwise, her share may be divided up among the other heirs.
  • Jul 19, 2011, 04:06 AM
    cdad

    Was the will in force at the time your wife passed (sorry she passed). If the will was in force and active then yes you are entitled to what was to come her way. If the will wasn't in force and that person is still living then it has no bearing as it's the choice of the person who wrote the will where the money / possesions go.
  • Jul 19, 2011, 08:46 AM
    AK lawyer
    Quote:

    Originally Posted by johnieray View Post
    My wife was named as a beneficery in a will, but has since passed away herself. do I inherit in her place?

    When you say "was named ... in a will", do you mean that the person who wrote the will (the "testator") died, leaving your wife still alive at the time the testator died, and that she has since died?

    If that's the case, the inheritance belongs to your wife's estate. You would inherit some or all of that, including her inheritance from that other person. The exact portion depends upon which state you are in. Did she leave a will?
  • Jul 19, 2011, 08:55 AM
    ScottGem

    I took the question "inherit in her place" to mean that the testator was still living. But, the others are correct. If the testator predeceased your wife, then her share becomes part of her estate to be distributed to the heirs of her estate. However, if the testator was still alive when she died, then my answer stands.
  • Jul 19, 2011, 10:13 AM
    Fr_Chuck

    Yes please come back with more info.

    Was the wife still alive when the person who listed her in the will died ?

    Or has she died first ?

    Makes a big difference.

    The other terms of the will can effect, will need to know more than just named in will.

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