If my sister is now deceased, by law, are her surviving children entitled to her portion of the liquid assets? 25 Answers as of October 24, 2012

My father's Will state that his liquid assets are to be divided between myself and my sister upon his death. Since my sister is now deceased, by law, are her surviving children entitled to her portion of the liquid assets? My father's will does not specifically address this scenario.

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Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
It would depend on the language in the will. If it says to you and your sister, per stirpes, then they would be entitled to your sister's share.
Answer Applies to: Alabama
Replied: 10/24/2012
Law Office of Pamela Braynon | Pamela Y. Braynon
Yes. Her children would receive her share per stripes which is proportionately divided between beneficiaries according to their deceased ancestor's (their mother) share.
Answer Applies to: Florida
Replied: 10/24/2012
Hamblin Law Office | Sally Hamblin
Generally, yes her children would divide equally her share.
Answer Applies to: Michigan
Replied: 10/24/2012
Edward L. Armstrong, P.C. | Edward L. Armstrong
Normally, your sister's children would be entitled to her share of the residuary estate. You say the will doesn't address this but I would like to see the document. In an intestate estate heirs at law would include the class of persons or the descendants of a deceased member of the class.
Answer Applies to: Missouri
Replied: 10/24/2012
Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
This is a complicated question. I would say that you would inherit the entire estate and your sisters children would not inherit anything unless they challenged the will and were able to introduce admissible parole evidence that said the testators intent was for the deceased sisters share to go to her children.I think the will controls.
Answer Applies to: Michigan
Replied: 10/24/2012
    David J. Hutchinson Law Office
    David J. Hutchinson Law Office | David J. Hutchinson
    It depends upon whether or not she had a will and whether your father's will talked about how long beneficiaries had to survive him in order to receive assets. Call me if you wish to go further.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    This depends upon what state your father lives in at the time he passes. It also depends on how your father's will is worded. Generally when a will does not specify, the state law dictates what will happen with property that is not provided for in the will. Some states dictate that the property will pass to the surviving child. Other states dictate the property will pass to the deceased child's children. I would suggest your father contact an estate attorney in his area and update his will to make his wishes clear, especially now given that fact one of his named beneficiaries has passed.
    Answer Applies to: Arizona
    Replied: 10/24/2012
    Richard M. Gee, a PC
    Richard M. Gee, a PC | Richard M. Gee
    Yes, her children would be entitled to her share, divided equally between them.
    Answer Applies to: Colorado
    Replied: 10/24/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    If your sister died before your father then an argument can be made that they are not entitled to her portion of your father's estate.
    Answer Applies to: Nevada
    Replied: 10/24/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The term is "per stripes" it means that by the blood line. Unless he stated in his Will "per capita" then your sister's kids take her share. Barry Your financial plan is not complete until it is coordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide. or other privilege.
    Answer Applies to: Georgia
    Replied: 10/24/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    It depends on the exact terms of the will. It might go all to you, half to you or three-quarters to you.
    Answer Applies to: California
    Replied: 10/24/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    In California, yes, as they are classified as pretermitted heirs, meaning, because your father's will does not address that issue those children were unintentionally left out of the will, and that had he thought about them he would have mentioned them in some manner. A deceased's beneficiary share by statute goes to the children of that deceased person, in this case your sister.
    Answer Applies to: California
    Replied: 10/24/2012
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    If his will states that you, she and your issue take "per stirpes", her children share in her share If it states "per capita", they probably do not If it is silent, I'd like to see the will before I comment.
    Answer Applies to: Connecticut
    Replied: 10/24/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    It depends on a number of factors, including the exact language of the will, whether your sister was alive when your father created the will, and whether your sister died before or after your father.
    Answer Applies to: Maryland
    Replied: 10/24/2012
    Stone|Novasky, LLC
    Stone|Novasky, LLC | Robert Novasky
    Generally, the Will determines who will receive portions of an estate. If your father's Will does not indicate that your sister's children will inherit her portion of your father's estate if she dies before your father, then it is possible that you would inherit the entire estate. Again, the language of the Will controls distribution of the estate so your sister's children do not necessarily have a legal right to what she would have received if she was alive when your father passes away.
    Answer Applies to: Washington
    Replied: 10/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Usually the children of an deceaded heir, receive the heirs portion.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Stephens Gourley & Bywater | David A. Stephens
    Probably yes, unless she predeceased him.
    Answer Applies to: Nevada
    Replied: 10/24/2012
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    In California, i t will be presumed that he intended her share go to her children absent a contrary intent.
    Answer Applies to: California
    Replied: 10/24/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If she survived him, then her Estate will be the beneficiary. Her children should consult a probate attorney about opening her Estate and getting someone appointed to handle her affairs which includes the inheritance from her father's estate.
    Answer Applies to: Nevada
    Replied: 10/24/2012
    Law Offices of R. Christine Brown | R. Christine Brown
    If your father is alive and competent, why doesn't he change his will to address the fact your sister is deceased? If your father is not alive and/or not competent and his Will cannot be changed, then your sister's share will go to get children in equal shares, this assumes she died before your father. If she died after your father, then her share will go pursuant to terms of her will (if she has one) or via the laws of intestacy.
    Answer Applies to: California
    Replied: 10/24/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    This really does depend on what the Will states. Does it state only his surviving children receive the assets? Does it state "per stirpes"? Did your sister pass away after your father had died but within the survivorship time period (most wills state that no person will be deemed to have survived the decedent if they die within 30/60/90 days after the decedent's death)? If the Will is definitely silent, and your sister died after the survivorship time period, then under Florida law, her children would be entitled to her share.
    Answer Applies to: Florida
    Replied: 10/24/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Probably yes. The language of the will would have to be reviewed, and certain details worked out, but the probable result is that sister's descendants take her share.
    Answer Applies to: Oregon
    Replied: 10/24/2012
    Frederick & Frederick PLC | James P Frederick
    Did your sister survive your father or not? If your father is still alive, then his Will should be redone, to reflect his intentions. If he is not able to redo the Will for whatever reasons, I would want to examine the terms of the Will to make sure that it does not deal with this question. Since it is always a possibility, most documents DO provide for this contingency. If the Will does not provide an alternate distribution, then I believe the anti-lapse statute in Michigan would provide for your sister's children to inherit her share.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Generally speaking, if a beneficiary predeceases someone, that beneficiary's "issue" (children) would be entitled to receive his/her share. Sometimes this is addressed in a will using the language "per capita," "per stirpes" or "by right of representation." I recommend you speak with an attorney who can review the will and offer appropriate guidance.
    Answer Applies to: Arizona
    Replied: 10/24/2012
    Bassinger & Harvey
    Bassinger & Harvey | Randy J Harvey
    Generally the assets from a will assigned to children, pass to the living issue of that child. The will determines how this will occur, if not stated in the will it will pass under Oregon probate law.
    Answer Applies to: Oregon
    Replied: 10/24/2012
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