What is the anti-lapse statute in Elder Law? - YouTube

hey folks Elder Law Care attorney Patrick Kelleher  coming to you from our Elder Law Care Center in  

Hanover Massachusetts thank you for joining us  today folks I am going to teach you today on  

what the anti-lapse statue is or maybe in the  vernacular maybe more understandably what if  

my beneficiary dies or what if my beneficiary  predeceases me that's a common question I often  

hear from folks so I want to address that folks  for you here today anti-lab statute is actually  

a law and it's recognized by the uniform probate  code and here in the commonwealth of Massachusetts  

Massachusetts adopted the uniform probate code  between the year 2009 and 2012 and with that  

Massachusetts adopted the anti-lap statute from  the uniform probate code what does it mean folks  

so I'll give you a basic example Bill and Mary  parents create their will or their trust and they  

say their three darling children get everything  when they're gone their children are Mo Larry and  

Curly let's say for example Mo predeceases their  parents Bill and Mary what happens to Mo's share  

well let's discuss that well the anti-lab statute  would say that Mo share does not lapse meaning  

that Mo's share would go to Mo's descendants  usually Mo's child or Bill and Mary's grandchild  

so let's explore first folks from my experience a  good way to explain the anti-lapse statute is this  

what does the word lapse mean the word  lapse means to feel to feel or to not happen  

it laps like an insurance policy lapsing  you no longer have coverage or protection  

or the word anti what does the word  anti mean it means to stop and to avoid  

the policy from lapsing or to stop the  protections or the benefits from happening okay  

so the word anti means folks is to stop or be  against be against the lapsing of the gift okay  

so anti-lap statute would say hey Mo's gift does  not lapse it does not feel because if it fails  

then the question is who does Mo's one-third go  to does it go to his children the grandchildren  

of Bill and Mary or does it go to Mo's brothers  Larry and Curly the anti-lap statue will say that  

the gift does not fail and that the gift goes down  to Mo's children or Bill and Mary's grandchildren  

and so that's the general rule of the anti-lab  statute there's specific language in the uniform  

probate code that talks about it has to be a  blood relative of the testators who made the will  

so it would have to be maybe a grandchild a lineal  descendant is the legal terminology they use  

so usually a grandchild who does the anti-lab  statute exclude well it excludes all non-blood  

relatives which could be step children  could be in-laws could be husbands and wives  

so Bill and Mary might be thinking well  if Mo Larry or Curly pre-deceased me  

we love our in-laws they'll get their share not  so according to the anti-left statute so folks  

long and short of it make sure you work with  your state elder attorney to put in place what  

I call contingencies contingencies or contingent  beneficiaries always plan for who your primary  

beneficiaries are in your will and your trust  Mo Larry Curly but also plan for contingent or  

backup beneficiaries what if Mo Larry and Curly  pre-deceased Bill and Mary the appearance who  

gets Mo Larry and Curly share usually from my  experience most folks will say hey Patrick I want  

their share to go to their children our  grandchildren we want to keep everything  

in the family bloodline really really important  to spell that out in your will and in your trust  

because not all states have adopted the uniform  probate code for my recommendation generally  

speaking two ways to avoid a gift from lapsing  is number one have a backup contingency or a  

backup beneficiary in your will in your trust  also remember folks to do your annual reviews  

that's part of our process here we do annual  reviews with our clients to slay the four-headed  

beast of estate planning and elder law do those  annual reviews for the three L's changes in law  

changes in life changes in learning and update  your attorney if there's anything going on  

for example if you're a beneficiary your child  for example maybe has a change in health and  

they're not doing well you want to make sure that  your will or your trust is updated accordingly  

so if they do pre-decease you you're clear on  where their share will go after you go to your  

cloud hey folks Elder Law Care attorney Patrick  Kelleher thanks for joining us today if you found  

this video helpful please post a comment or a  question below please like subscribe and share  

our channel with those you think could benefit  from this information folks if you'd like to learn  

more go to our website elderlawcare.com  click on the tab Elder Law Academy  

and check out my book that's on amazon How to  Avoid the Four-Headed Monster of Estate Planning  

and Elder Law because folks we will teach you how  to slay the beast we will teach you how to have a  

strong shield and sword to slay the metaphorical  beast of estate planning and elder law which is  

probate court estate death tax financial creditors  and predators and that fifteen thousand dollar  

per month nursing home in some states like here in  the commonwealth folks if you'd like to learn more  

click on elderlawcare.com post a comment below  and we will see you next time at elderlawcare.com