Posts in September 5, 2024

If Alice gives Homer money or property in her will, it’s a pretty good bet that Alice knew (or thought) that Homer was alive when the will was written and signed. It’s possible that Homer died after the will was written but before Alice or before the will completed the probate process. People do change their will when someone they provide for in it dies, but that’s not always the case. Alice’s will may have taken into account Homer’s potential dying by mentioning that upon Homer’s death the property Alice intended for him went to “Homer’s heirs,” “Homer’s descendants per stirpes,” or some similar phrase. Read the entire estate file to determine if Homer’s share went to Homer or to his heirs.