question.jpgIn Trusts and Estates

What are anti-lapse statutes?

Most states have so-called anti-lapse statutes which dictate what happens to property when a will says the property should be distributed to someone who has already died. In some states, these anti-lapse statutes are rather narrow, only applying to intended will beneficiaries who were descendants to he deceased. Others are broader, covering many other family members. In general, where these anti-lapse statutes apply they say that the property should be passed down to the descendants of the now deceased original beneficiary. However, the specifics of any given anti-lapse statute vary state to state, so you should review your state’s probate code to find out more information.