What happens in the case of a pre-deceased beneficiary under a Will?

Question Details:

A Will states that when this person dies, her estate goes to her children, or if the children pre-decease her, to their children. one of her children does not have children. Does that part of her estate go to her spouse?

Asked 11/9/2009 under Wills, Trusts, Probate | 412 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

Probably not.  Unless the wording for this is very unusual, it will mean that the share of the child who died without children of their own will go to the other child or children (or their own children, if pre-deceased).

If there were no surviving children (or grandchildren or great-grandchildren) at all, and nothing else in the will about that money (whether all or part of the estate), then it would be governed by the law of intestate succession (what happens when there's no will), and go to the surviving spouse.

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com