What happens if a named beneficiary in a will predeceases the testator?

If a named beneficiary in a will predeceases the testator, in the state of Washington, the estate will pass as if the beneficiary had not been named in the will. This is known as the "rule of survivorship". Essentially, if a beneficiary dies before the testator, then the gift intended for that specific beneficiary will lapse and not pass onto anyone else. The assets will instead be redistributed among the other beneficiaries, or in accordance with the residuary clause of the will. For example, if a testator leaves their estate to two beneficiaries, but one of them passes away before the testator, the remaining beneficiary will be the sole recipient of the estate. However, if the two beneficiaries are spouses, and one of them predeceases the testator, the surviving spouse is still entitled to the estate and will not be treated as having predeceased the testator. If the predeceased beneficiary has children, in Washington, the court may choose to give those children the gift that was intended for the deceased beneficiary (assuming the will does not clearly indicate otherwise). Further, if the predeceased beneficiary was a minor, the court may appoint a guardian to manage the estate until the minor reaches the age of majority. In any situation, it is important to seek legal advice when dealing with the issue of a predeceased beneficiary and the corresponding estate distributions. The complexities of wills and probate law can vary significantly depending on the jurisdiction and the specifics of the situation. Consulting with an experienced attorney can help determine the best course of action in addressing the issue of a predeceased beneficiary.

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What happens if a named beneficiary in a will predeceases the testator?

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