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2006-06-09 09:58:11 · 3 answers · asked by carolem_2001 1 in Politics & Government Law & Ethics

3 answers

The anti-lapse statute provides that if a beneficiary in a will dies before the person making the will the money will go to that person's heirs instead of reverting to the residuary estate, as it would otherwise.

2006-06-09 10:32:04 · answer #1 · answered by James 7 · 2 1

James is correct. Let me translate.

Normally, if there is a gift in a will to a recipient, that recipient only takes (receives) under the will if they are alive at the time the person who made the dies. If the recipient is dead before the will goes into probate, the gift to that recipient fails ("lapses"), and gets handled by the "any remaining property" clause (called the residuary).

However, to avoid this, most states have enacted Anti-Lapse statutes. For example, in California, if the recipient is a relative or in-law (but not spouse) of the person who died, then the gift will go that recipient's heirs instead of dropping into the residuary.

If Ohio has an Anti-Lapse statute, it would work similarly. Basically, it enables the gift to happen as if the recipient were still alive, by passing to the recipient's heirs as if the property had been given to the recipient before the recipient died. Some restrictions may apply. Check your local listings.

2006-06-09 14:25:42 · answer #2 · answered by coragryph 7 · 0 0

When my husband and I saw the burning pictures we burst out laughing. First of all, it's a giant Jesus making the touch down sign. Comedy all over that. Then it gets struck by lightning! You can't make this stuff up! If I was a Christian in that area I would find a new church for damn sure. Who wants to stick around for the next fire and brimstone? Maybe the lightning was only a warning shot!

2016-03-26 23:24:17 · answer #3 · answered by Anonymous · 0 0

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