How do I divide the estate if one of the beneficiaries dies? 12 Answers as of July 27, 2011

My father had a will and in the will it states that after his debts are paid that his personally property will be divided to his three children. The will was signed in 2007 and father died in 2011. So does that mean that since my sister died in 2008 that her part goes to her son or does it just go to the living children we hope you can answer this question for us?

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Law Offices of Mark Lewis & Associates, PC
Law Offices of Mark Lewis & Associates, PC | Andrew C. Spitler
The answer depends on the exact wording of the will. Likely it will pass to the children of your deceased sister, but a review of the will would be needed to determine if that is correct. If language appears in the will indicating the intent that each child must survive your father's death, then the share would not pass to the children of your deceased sister. T
Answer Applies to: Arizona
Replied: 7/27/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It depends on the language in the Will. If the Will said "per stirpes" then your sister's share would go to her children, if it says "per capita" then it is divided in half and not in thirds. You should seek the advice of an attorney to review the Will with you and advise you on the final distribution.
Answer Applies to: New Hampshire
Replied: 7/26/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
You will want to read the will very carefully to see if it addresses this issue. Assuming the will does not address that, then in your situation, your deceased sister's portion of the estate would go equally to her living children.
Answer Applies to: Illinois
Replied: 7/26/2011
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
It actually depends on some specific language in the will - it could go to her own surviving child(ren), or it could go to your father's other living children. I recommend you have an attorney review the will and help you determine your options.
Answer Applies to: Arizona
Replied: 7/26/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Generally your deceased sister's child will be entitled to her share unless the will states otherwise (in Florida).
Answer Applies to: Florida
Replied: 7/26/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    It would depend on the language of the will. California's anti-lapse statute may also come into play. You would need to present the will to a Estate attorney for a complete answer. Good luck!
    Answer Applies to: California
    Replied: 7/26/2011
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    How the property gets divided will depend on the language in the Will. It is a good idea to go to the attorney who drafted the Will or an attorney that does probate law and have them explain it to you. If the Will has language in it that says, "I leave my estate to my surviving children", then it will most likely only be divided between the remaining kids. If the Will says,
    Answer Applies to: Florida
    Replied: 7/26/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    It could be either - the answer will depend on the precise language of your father's will. At a minimum, you should have a Probate attorney help you interpret the Will before proceeding.
    Answer Applies to: Massachusetts
    Replied: 7/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on the wording of the will. You need to see a lawyer to determine which is the correct outcome.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Read the will careful for what is typically called an "anti-lapse" clause or something similar. The will dictates how distribution is made in that case.
    Answer Applies to: Indiana
    Replied: 7/26/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That depends on whether the will provides for what happens to the gift if the named beneficiary is deceased. Usually, if it is there something, it states something like "and if X is then deceased, then to the children of X". If the will is silent in the event one of the three named beneficiaries is already deceased, the gift to that person lapses and the estate is then distributed to the remaining two living named beneficiaries.
    Answer Applies to: California
    Replied: 7/26/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    If the will stated it was to go to your sister, per stirpes, it would pass to your sisters children. Per stirpes means by representation.
    Answer Applies to: Alabama
    Replied: 7/25/2011
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