What happens when a beneficiary to an estate dies?

A house has been deeded to 3 children from their parents, however one of them died but had a child. The one who died had a Will stating that their worldly possessions goes to their child. Does the deceased beneficiary’s share go to their child or does it go to their 2 siblings?

Asked on March 21, 2014 under Estate Planning, Maryland

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

The answer depends upon the order in which the people died.  If the parents died first, and the three children inherited the house in equal shares, and then one of the three children died, his/her share of the house would pass to his/her child.  If at the time the parents died, one of the three children had predeceased them, then the two surviving children of the parents would take title to the house.


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