What happens if a beneficiary dies after the testator?

If a beneficiary dies after the testator, it is important to keep in mind that the deceased beneficiary cannot receive the gift that the testator wanted to leave them. This is because, under Michigan law, a beneficiary must be alive at the time the testator passes away in order to receive a gift under the Will. Therefore, in this case, the gift for the deceased beneficiary would typically be disposed of in accordance with the laws of intestate succession. This means that the gift would pass to the deceased beneficiary’s surviving relatives, including their spouse, children, parents, and siblings, in a certain order of priority determined by Michigan law. However, it is important to note that if the testator specified an alternate disposition of the deceased beneficiary’s gift (such as leaving it to another beneficiary), then the alternate provisions will typically take effect. Additionally, if the testator did not name an alternate disposition or if the deceased beneficiary did not have a surviving relative, then the gift will “lapse” or become part of the residue of the estate. This means that the gift will become part of the remainder of the estate (the portion of the estate that is left after the testator’s specific gifts and other bequests have been distributed). The estate’s residue will then typically be divided among any remaindermen (residuary beneficiaries) listed in the Will. If no such beneficiaries are named, the residue will pass to the testator’s intestate heirs as listed in the Michigan law of intestate succession.

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