What happens to a deceased person's share of inheritance? 16 Answers as of March 04, 2014

My grandmother and her brother were named beneficiary by their brother both are deceased before him. Now the will is to go to surviving children which are my aunts, uncles and my uncles' children. My mother and two other children of my grandmother are also deceased and have children. Does it mean my mother's and the other deceased brother and sister share to be given to the brothers and sisters? We may be grandchildren but we are surviving children. Do we have any right to my mother's share?

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Stephens Gourley & Bywater | David A. Stephens
That depends on what the will states. If there is no will it depends on the law of inheritance of the state where the deceased resided.
Answer Applies to: Nevada
Replied: 3/4/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The property should be disposed of to the surviving children of the grandmother and her brother, unless the will stated otherwise. It appears the will stated otherwise, in that the surviving sisters and brothers of your grandmother and her brother, are to receive the property, with any deceased uncle /aunt share to go to their children. It appears you may be shut out. However, you are strongly advised to seek the advice of a probate lawyer to be sure of the correct distribution flow as to who is entitled to receive any part of the estate.
Answer Applies to: California
Replied: 3/4/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Unless there are contrary terms in the will, the deceased beneficiary's interest should pass to their heirs. In your case a 1/2 interest should pass to your grandmother's heirs. If her heirs were her three children, including your mother, they would each have 1/6th interest. Again, depending on the terms of any wills or trusts involved you should be eligible for a portion of your mother's 1/6th interest.
Answer Applies to: California
Replied: 3/4/2014
Frederick & Frederick PLC | James P Frederick
It depends on the wording in the Will. In most cases, you would receive your mother's share of her inheritance. It is possible to provide otherwise, however, and there is no way to be certain without sharing a copy of the Will with an attorney. If there is no Will, then you would be entitled to your mother's share, under Michigan law.
Answer Applies to: Michigan
Replied: 3/4/2014
Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
It's going to depend on the exact wording of the Will. Take the Will to a probate attorney for an opinion.
Answer Applies to: Illinois
Replied: 3/4/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Unless the will provides otherwise, in Idaho a deceased person's share goes to that person's heirs by representation. So if your mother was to get something, her children would share her interest. However, if she died before your great uncle, his will may say that she gets nothing. You really need to have the will reviewed by local probate counsel to help you figure it out.
    Answer Applies to: Idaho
    Replied: 3/4/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The exact wording of the Will controls the distribution. If the distribution is 'per stirpes" then descendants will share in the legacy of a predeceased legatee. A descendant could be your mother, as a child of your grandmother or even as a descendant of her brother if her brother had no children, and thus you by extension. If contingent legatees are identified by status, group or name there may be lapsed legacies and a different result. If the wording of the contingent legacies is not precise then an interpretation by the court may be required.
    Answer Applies to: Illinois
    Replied: 3/4/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Whether you are a beneficiary will depend on the terms of the will. If the bequests are made to named persons, the assets only go to those persons. If the bequests are made to named persons or to persons by relationship (brothers & sisters, etc.) by stipes or by representation and one or more of those persons is deceased, the bequest will be split between the heirs of each deceased person. check the language in the will.
    Answer Applies to: Nebraska
    Replied: 3/4/2014
    Kirby G. Moss PC | Kirby G. Moss
    It depends on the terms of the will. If a deceased beneficiary's share went per the will to them "per stirpes" then that share goes equally to the deceased person's children. If not per stirpes, then surviving beneficiaries likely take deceased beneficiaries share equally. Have a lawyer review the will.
    Answer Applies to: Indiana
    Replied: 3/4/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You need to have the Will actually reviewed by counsel along with the respective parties dates of death.
    Answer Applies to: Nevada
    Replied: 3/4/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The will should say what happens to the share of a devisee who pre-deceases the testator. If it doesn't say, then, in most cases under Oregon law the share of a deceased devisee goes to that person's children.
    Answer Applies to: Oregon
    Replied: 3/4/2014
    James Law Group
    James Law Group | Christine James
    Probably but you would need to meet with an attorney and look at the family tree to know for sure.
    Answer Applies to: California
    Replied: 3/4/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Depends on the terms of the will.
    Answer Applies to: California
    Replied: 3/4/2014
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    Good question. You may indeed have an interest in this matter. But it depends on the language in the will. I encourage you to see an attorney to determine whether you have a beneficial interest in the decedent's estate.
    Answer Applies to: Indiana
    Replied: 3/4/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    The will usually will state the intention, otherwise the probate court will intervene.
    Answer Applies to: California
    Replied: 3/4/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Was there a will? If so, the will should specify who is to receive a distribution. If there isn't a will, the state of California has intestate laws which determine who the heirs of a decedent are. Contact a probate attorney to discuss what options are available to you and your siblings.
    Answer Applies to: California
    Replied: 3/4/2014
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