Does the inheritance of a sibling who has passed away go to her children or do the other siblings get it?

Both parents are deceased; they did not have Wills. There are 3 siblings; 1 sibling died 5 years ago. Do the children of the deceased sliding still get a part of the inheritance?

Asked on March 30, 2017 under Estate Planning, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies without a will they are said to have died "intestate". Accordingly, the intestatcy laws of the state in which they were domiciled as of the date of their death will control how their estate is distributed. Typically, this is to the surviving spouse, if any, and the children of the deceased. To the extent that a child predeceases their parent, then that child's share is split among their children.

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