What happens if someone dies before they receive their inheritance?
Question Details:
My father's inheritance from his mother's death is expected to be paid out next month. My father is currently in the hospital's ICU and am unsure how much longer he's going to live. In fact, he may live long enough to receive the inheritance. Currently he has no will. What happens to the inheritance if he dies before he can cash the check? I am his primary caretaker and have been for the last 10 years. My father is not married and was last married and divorced over 40 years ago. I only have one sibling, a half-brother. What are the next steps I should take to become the beneficiary?
Genreally, as long as the person was alive at the time of the deceased's death they, or their estate, is entitled to the inheritance. If that person in turn dies, then their heirs (if they died without a Will) or their beneficiaries (if they die with a Will), inherit from them. Since your father has no Will, he will die "intestate". That means that the laws of the state where he legally resides as of the date of his death will control. Typically, in such a case the estate is distributed to all children of the deceased (and surviving spouse, if any). In this case, it looks to be divided between you and your half-brother.
Here is a link to a site that will explain the process further: http://www.scselfservice.org/probate/prop/FrequentlyAskedQuestions2.htm
If your father is leaving a small estate there is an expedited probate process the his estate may be eligible for; here is a link to a site that will explian this further (it references LA County but the procedure is the same state-wide): http://www.lasuperiorcourt.org/probate/pdf/TransferForm.pdf

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