When a person in a Will dies before the holder of the Will does, what happens to the portion that was going to the person who died? 3 Answers as of August 03, 2015

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of George H. Shers | George H. Shers
Unless the Will states it goes only to that person if they are still alive, it goes to that person's estate and his heirs.
Answer Applies to: California
Replied: 8/3/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Goes to children of the deceased person, if any. Otherwise back to the living parent; if no living parent, then to deceased siblings.
Answer Applies to: California
Replied: 8/3/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
It depends upon the terms of the will. The will may state that if the devisee dies, his share is to be divided equally between his heirs. Or the will may state that the gift is returned to the estate and becomes part of the residue to be divided betwee the beneficiaries. Or the will may have listed alternate devisees to receive the gift. The will should be controlling as to what happens to the gift.
Answer Applies to: California
Replied: 8/3/2015
Click to View More Answers: