Who will inherit the deceased siblings portion from a mother's will? 28 Answers as of January 30, 2014

My widowed mother has a will. Land is left to my two sisters and myself. My one sister recently died. Does my deceased sister land go to her only child or does it get divided between myself and my surviving sister when my mother passes away?

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Stephens Gourley & Bywater | David A. Stephens
That depends on the language of the will as to predeceased beneficiaries.
Answer Applies to: Nevada
Replied: 1/30/2014
Christine Sabio Socrates Attorney at Law | Christine Socrates
The answer to your question depends on how it is stated in the will. There should be a provision that states who gets a deceased heir's share. If the language states it passes "per stirpes" then it goes to our sister's children/heir. If it states "per capita", then it goes to the other living heirs/sisters. The will may not contain either of these terms but it should state what should happen if an heir predeceases you mother.
Answer Applies to: Ohio
Replied: 1/30/2014
Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
It depends on the verbiage within the will. If it states in equal shares, per stripes, then you and your living sister receive one-third each, and your deceased sister's children receive her one-third share.
Answer Applies to: Tennessee
Replied: 1/30/2014
Horn & Johnsen SC
Horn & Johnsen SC | Dera L. Johnsen-Tracy
Assuming the land you are referencing is still titled solely in your mother's name with no transfer on death designation, and also assuming her will is valid, then the answer to your question depends upon the terms of her will. When your mother dies, all assets that that are titled solely in her name at the time of her death and that are not passed to beneficiaries by virtue of beneficiary designations or transfer on death designations will be part of her probate estate. After all of her debts and expenses have been paid, and after the death probate process has been concluded, your mother's remaining probate assets will ultimately be distributed to the beneficiaries named in her will. If your mother's will indicates that her property will be distributed to her children, per stirpes, then your deceased sister's interest will pass to her child. However, if your mother's will indicates that her property will be distributed to her surviving children, then your deceased sister's interest will pass to you and your surviving sister. It is always a good idea to review your estate planning documents following the death of a spouse or child. Therefore, if your mother is still alive and competent, I would strongly encourage her to meet with an estate planning attorney now to review her will and other documents in order to ensure that her documents will ultimately accomplish her estate planning objectives. ___________________________________________
Answer Applies to: Wisconsin
Replied: 1/30/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Assuming your mother does not transfer the land by sale or make a different provision in her will, the deceased sister's children will inherit her share of the property.
Answer Applies to: California
Replied: 1/30/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Doesn't the will cover it?
    Answer Applies to: California
    Replied: 1/30/2014
    Kirby G. Moss PC | Kirby G. Moss
    This would be governed by terms of the will. It likely says to each of you siblings per stripes(passes thru deceased sister to her child), or in alternative, if anyone predeceases others, their share goes to surviving siblings.
    Answer Applies to: Indiana
    Replied: 1/30/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That depends on what the will says if a named beneficiary is deceased. Sometimes it provides that the deceased heir's portion go to their heirs instead, sometimes it states that the gift lapses and is distributed as if the deceased person was never named as a beneficiary, or there may be another provision in the event of death. Therefore, you will have to read the will to see what it says about what happens if a beneficiary is deceased.
    Answer Applies to: California
    Replied: 1/30/2014
    Frederick & Frederick PLC | James P Frederick
    It depends on what the Will says. The Will could provide for either distribution you mention or something else entirely.
    Answer Applies to: Michigan
    Replied: 1/29/2014
    Law Offices of Frances Headley | Frances Headley
    It depends upon the wording of the will. It should say what happens to her share. If it says to her issue then it goes to her child. You need to discuss with your probate attorney.
    Answer Applies to: California
    Replied: 1/29/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If your sister survived at least 30 days after your mother died, then unless the will says differently, her share will go to her child.
    Answer Applies to: Idaho
    Replied: 1/29/2014
    Law Offices of George H. Shers | George H. Shers
    That depends entirely on the language of your mother's Will. If it states that the estate assets are to be divided equally among the three sisters, then the 1/3 interest of the deceased sister would go to her heirs. If it states it will go to the children who are still alive at her death, then it goes to the two living sisters only. Your mother can make an amendment [codical] to the Will changing or making it clear what she wants to happen.
    Answer Applies to: California
    Replied: 1/29/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    It depends on what the will says.
    Answer Applies to: California
    Replied: 1/29/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    The child will inherit the deceased sister's share.
    Answer Applies to: Florida
    Replied: 1/29/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    The answer depends on the order of death and the exact wording of the will. The will needs to be probated.
    Answer Applies to: Texas
    Replied: 1/29/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You must look first to the Will of your Mother to read how the death of a beneficiary is to be handled. So start there and then consult with an attorney specializing in estate administration for further assistance.
    Answer Applies to: Colorado
    Replied: 1/29/2014
    Gates' Law, PLLC | Thomas E. Gates
    It depends upon the wishes stated in the will. Generally, the beneficiary's distribution would go to her children. If a minor, it would held in trust until 18 years old.
    Answer Applies to: Washington
    Replied: 1/29/2014
    Estrada Law P.C. | Michele Ungvarsky
    It will depend on how your mother directed the property to be handled if one of the children predeceased her. The will either has the gift lapse which means the remaining children split it or it goes to the heirs of the dead sibling.
    Answer Applies to: New Mexico
    Replied: 1/29/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The language in the will determines who inherits in place of your late sister. If the will doesn't clarify this with language like "per stirpes" or "by representation", state law will determine who inherits.
    Answer Applies to: Nebraska
    Replied: 1/29/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If the land is a bequest under your mother's Will, then the exact wording of the bequest will control. The Will could allow a lapsed legacy where the named donee, your sister, predeceases your mother, or, with a per stirpes bequest the share of the predeceased daughter could pass to the children of the named donee. The exact wording is very important.
    Answer Applies to: Illinois
    Replied: 1/29/2014
    James Law Group
    James Law Group | Christine James
    If your sister died after your mother, her children will get her share.
    Answer Applies to: California
    Replied: 1/29/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Depends upon the terms of the Will. If the Will is not clear your state law will need to be consulted.
    Answer Applies to: Nevada
    Replied: 1/29/2014
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