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