You are a paralegal working for a probate attorney. Judy’s will provides $100,000 to her brother, Paul. The residue of Judy’s estate was left to her sister, Mary. Paul predeceased Judy. Assume Judy was single and had no children. Your supervising attorney has asked you to research your state’s intestate succession laws to determine who of Judy’s family will receive the estate. Does it
make a difference if Paul had children of his own?
What will be an ideal response?
This example does not specifically state if the will says that Paul must survive to inherit. If the will states that he must survive, then whether or not Paul has children is of no consequence as the gift lapses and will be distributed to Mary. If the will does not state that Paul must survive, the $100,000 will be distributed to Paul’s children, if he has any. If he doesn’t, the laws of intestate succession usually provide a list similar to this: first to parents, then to siblings, then to nieces and nephews. We do not know if Judy, Mary and Paul’s parents are living. If so, they receive the $100,000. If not, it will go to Mary, or Mary and any other living siblings of Paul’s, equally.
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Just before signing it over to Melanie pursuant to a written contract, Paul's car is repossessed. What happens to Paul's obligation under the contract?
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