TheBeard wrote:I'm not sure if this is a total brain fart on my part, but aren't the issue of one's grandparents one's aunts and uncles? So here's the deal, according to Themis' outline for PA Wills, the intestacy distributes as follows when decedent leaves no surviving issue or spouse: decedent's parents --> if none, her parent's issue (presumably her siblings) --> if none, surviving grandparent(s) --> if none, to their issue (aunts and uncles??) --> if none, then to her surviving aunts and uncles --> if none, their issue --> if none, escheats to Commonwealth. Now, if I'm following this correctly, the issue of one's grandparents are one's aunts and uncles (i.e. your parents' brothers and sisters), so why are there two layers of aunts and uncles under the above order? I know some people call their parents' first cousins aunts and uncles, could that be the group that follows the grandparents' issue? Real fucking confusing.
This is my favorite:Under Pennsylvania’s anti-lapse statute, if the gift was made to the issue of the testator, or to a brother, sister, or issue of a brother or sister of the testator, and that relative predeceased the testator but left issue, then the issue succeeds to the gift. Pennsylvania, however, also has an exception to its anti-lapse statute. If the original beneficiary was the testator’s brother, sister, or issue of a brother or sister and the lapsed bequest would go to the testator’s surviving spouse or issue, the anti-lapse statute does not apply.
So, regular anti-lapse... but PA exception is if ORIGINAL beneficiary was testator's sibling, niece, nephew, etc, and the lapsed bequest would go to testator's surviving spouse or issue under the anti-lapse statute, then anti-lapse doesn't apply. That would be like if T makes a gift in the will to his brother, but his brother dies first with issue, and that issue.... happens to be T's wife....?????
The hell? I asked Themis about this and they never answered. I feel like this would only apply in cases of incest. What am I missing?