Anti-Lapse Laws

When a beneficiary who stands to receive a present under a Will passes away prior to the testator passes away, the present has nobody to go to. This is called lapse. When this takes place, that gift passes according either to the regards to the Will or to your state’s intestacy laws and not to the deceased recipient’s descendants.

However, all states have some form of anti-lapse laws, likewise called anti-lapse statutes that allow presents to go to the pre-deceased recipient’s family if the recipient is a close relative. The laws vary commonly, so you need to talk to a qualified estate planning attorney for guidance about the anti-lapse laws in your state.
Relations. Anti-lapse laws use based upon the relationship the testator needs to the pre-deceased recipient. These laws state that a present offered to a close relative does not lapse if that relative pre-deceased the testator, however they differ in what they count as a close relationship. Let’s look at an example. Let’s state your grandpa left in his Will a particular gift to your daddy, but your father dies before your grandpa does. Your grandfather never alters that portion of his Will, so when he dies, the present passes to your dad’s kids, indicating you. Depending upon your state’s laws, it might likewise pass to his grandchildren or siblings.

Spouses. Presents to spouses do not count under anti-lapse laws. If, for instance, your grandpa leaves a specific present to your granny however your grandmother dies before he does, that gift lapses and passes according either to the regards to the Will or to your state’s intestacy laws.