If a Will states an estate to be divided among 3 siblings and one dies, does his share go to his remaining family (his wife and children)? 10 Answers as of June 04, 2013

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The deceased persons share of the estate is divided between his children, and not the mother. If the children are minors, then a petition for guardianship will need to be filed to have someone, mother? Appointed as guardian ad litem, with any monies received deposited in blocked savings accounts until the children are adults 18 yrs.
Answer Applies to: California
Replied: 6/4/2013
Danville Law Group | Scott Jordan
It depends on what the transferring document states. Do you have a copy of the will or trust? You will need to examine that document to determine how the estate will be distributed. Generally, however, under the laws of succession in California, yes, the deceased sibling's wife and children will receive that share. How much each receives depends on additional factors not provided in your inquiry.
Answer Applies to: California
Replied: 6/4/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
The estate will be distributed according to the terms of the will. The will should specify if the deceased sibling's share is to be divided between the remaining beneficiaries or be distributed to his heirs. Contact a probate attorney to clarify the terms of the will.
Answer Applies to: California
Replied: 5/31/2013
Slovak Baron & Empey, LLP | Valerie A. Powers Smith, Esq.
It depends. There are two common scenarios: one is where the deceased sibling's share goes down his or her blood line and the other is where the deceased sibling's share is redistributed to the two surviving siblings. In the first scenario, the key language that would indicate this in the Will would be: per stirpes, his/her issue, his/her descendants, or his/her children. If any of these were included, then the deceased sibling's share would go to his/her children. In no case would it go to the surviving spouse of the deceased sibling unless specifically stated in the Will. In the second scenario, only those who are living at the time of the death inherit - in other words, if there are 3 siblings and only 2 survive the person who has just died, then, instead of getting 1/3rd each, the 2 surviving siblings inherit each.
Answer Applies to: California
Replied: 5/31/2013
Law Office of Stuart A. McKenzie
Law Office of Stuart A. McKenzie | Stuart McKenzie
If the will does not condition the bequest on survival it will go to the children of the deceased sibling in equal shares.
Answer Applies to: California
Replied: 5/31/2013
    James Law Group
    James Law Group | Christine James
    It depends upon what the will says in the event one of the beneficiaries dies and who died first, the beneficiary or the person who made the will. Many attorneys will review the will for you and advise you for little or no cost and I recommend you take advantage of that.
    Answer Applies to: California
    Replied: 5/31/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    A properly drafted Will should state who the "alternate" beneficiary is in the event a beneficiary dies. If a Will is silent on this issue, then usually only the children of the deceased beneficiary get his/her share.
    Answer Applies to: California
    Replied: 5/31/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    It depends on the terms in the Will. It is possible that the share of the deceased sibling goes to the surviving siblings. It is also possible that the issue of the deceased sibling get the share that the deceased sibling would have obtained had they survived. It would be unusual for the wife of the deceased sibling to inherit, but, it is a possibility again, you need to look at the specific terms of the Will.
    Answer Applies to: California
    Replied: 5/31/2013
    The Law Office of Kelvin Green | Kelvin Green
    Generally the siblings one third would go to the surviving children, wife would not get anything.
    Answer Applies to: California
    Replied: 5/31/2013
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